Sexual Assault by Forced Self-Manipulation is an offence under section 80A of the Crimes Act 1900 which carries a maximum penalty of 14 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You compelled another person to engage in self-manipulation, and
- You did so by making a threat that the person could not reasonably be expected to resist
‘Self-manipulation’ is defined as:
Penetration of the vagina, including a surgically constructed vagina, or the anus of a person, by an object manipulated by that person.
A ‘threat’ means:
- A threat of physical force, or
- Intimidatory or coercive conduct, or other threat which does not involve a threat of physical force
The maximum penalty increases to 20 years in prison where the offence is committed in circumstance of aggravation which are where:
- You intentionally or recklessly inflicted actual bodily harm (ABH)
- You threatened to inflict ABH by means of an offensive weapon or implement
- You were with another person or persons
- The complainant was under the age of 16 years
- The complainant was under your authority
- The complainant had a serious physical disability or cognitive impairment
‘Actual bodily harm’ is that which is more than more than ‘transient or trifling’ and includes lasting cuts or bruises.
The offence does not extend to acts carried out for proper medical purposes.
An ‘offensive weapon or implement’ is:
- A dangerous weapon
- Anything made or adapted for offensive purposes, whether or not it is ordinarily used for offensive purposes or capable of causing harm
A ‘dangerous weapon’ is:
- A firearm or imitation firearm
- A prohibited weapon, or
- A spear gun
A defence to the charge is that you did not know that the other person engaged in the act due to your threat.
Other defences include:
- Duress, and
If you are going to court for Sexual Assault by Forced Self-Manipulation, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will advise you of your options and the best way forward, and fight to secure the optimal outcome.
Read on for more information.
Section 80A of the Crimes Act 1900 deals with the offence of ‘Sexual Assault by Forced Self-Manipulation’ and reads as follows:
80A Sexual Assault by Forced Self-Manipulation
(1) In this section:
“circumstances of aggravation” means circumstances in which:
(a) at the time of, or immediately before or after, the commission of the offence, the alleged offender intentionally or recklessly inflicts actual bodily harm on the alleged victim or any other person who is present or nearby, or
(b) at the time of, or immediately before or after, the commission of the offence, the alleged offender threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument, or
(c) the alleged offender is in the company of another person or persons, or
(d) the alleged victim is under the age of 16 years, or
(e) the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or
(f) the alleged victim has a serious physical disability, or
(g) the alleged victim has a cognitive impairment.
“self-manipulation” means the penetration of the vagina (including a surgically constructed vagina) or anus of any person by an object manipulated by the person, except where the penetration is carried out for proper medical or other proper purposes.
(a) a threat of physical force, or
(b) intimidatory or coercive conduct, or other threat, which does not involve a threat of physical force.
(2) Any person who compels another person to engage in self-manipulation, by means of a threat that the other person could not reasonably be expected to resist, is liable to imprisonment for 14 years.
(2A) Any person who compels another person to engage in self-manipulation:
(a) by means of a threat that the other person could not reasonably be expected to resist, and
(b) in circumstances of aggravation, is liable to imprisonment for 20 years.
(3) A person does not commit an offence under this section unless the person knows that the other person engages in the self-manipulation as a result of the threat.
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