Section 71.8 Criminal Code Act | Unlawful Sexual Penetration


The Legislation

Section 71.8 of the Criminal Code Act 1995 (Cth) is Unlawful Sexual Penetration and is extracted below.

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71.8  Unlawful sexual penetration

(1)  A person is guilty of an offence if:

(a)  the person sexually penetrates another person without the consent of that  person; and

(b)  that other person is a UN or associated person; and

(c)  the UN or associated person is engaged in a UN operation that is not a UN enforcement action; and

(d)  the first-mentioned person knows about, or is reckless as to, the lack of consent.

Maximum penalty: Imprisonment for 15 years.

Maximum penalty (aggravated offence):  Imprisonment for 20 years.

Note 1:       Section 71.23 defines UN enforcement action, UN operation and UN or associated person.

Note 2:       Section 71.13 defines aggravated offence.

(2)  Strict liability applies to paragraphs (1)(b) and (c).

(3)  In this section:

sexually penetrate means:

(a)  penetrate (to any extent) the genitalia or anus of a person by any part of the body of another person or by any object manipulated by that other person; or

(b)  penetrate (to any extent) the mouth of a person by the penis of another person; or

(c)  continue to sexually penetrate as defined in paragraph (a) or (b).

(4)  In this section, being reckless as to a lack of consent to sexual penetration includes not giving any thought to whether or not the person is consenting to sexual penetration.

(5)  In this section, the genitalia or others parts of the body of a person include surgically constructed genitalia or other parts of the body of the person.