Rape by Compelling Sexual Penetration
Forcing another person to perform a sexual act by using threats is a criminal offence in Victoria pursuant to section 39 of the Crimes Act 1958. This is a very serious charge because it not only involves sexual penetration, but it involves the making of threats. It is known as Rape by Compelling Sexual Penetration.
To prove the charge of Rape by Compelling Sexual Penetration, the Prosecution must prove beyond reasonable doubt that:
The accused intentionally caused:
- a person to sexually penetrate them; or
- a person to sexually penetrate themselves; or
- a person to sexually penetrate another person or an animal; or
- another to be sexually penetrated by another person or by an animal; or
- a person to be sexually penetrated by another person or by an animal; and
The person did not consent to the sexual penetration; and
The accused did not reasonably believe that the person consented to the sexual penetration.
A critical element of this offence is that the other person did not consent.
The maximum penalty for the charge of Rape by Compelling Sexual Penetration is 25 years imprisonment.
The offence of Rape by Compelling Sexual Penetration is particularly serious because it involves threats, and it often involves violence separate to the sexual penetration.
Examples of this offending can be threatening someone at knife point to perform oral sex, or threatening someone with violence if they do not penetrate themselves with an object.
Compelling Sexual Penetration can also occur in a gang situation.
The use of violence, or the threatened use of violence, makes this charge extremely serious and this is reflected in the sentences imposed by the Courts.
A sentence of imprisonment for the offence of Rape by Compelling Sexual Penetration is certain.
She is a highly experienced criminal law specialist who specialises in sex offences.