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:
‘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:
The maximum penalty increases to 20 years in prison where the offence is committed in circumstance of aggravation which are where:
‘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’ is:
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:
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