39Rape by compelling sexual penetration

39 Rape by compelling sexual penetration

S. 39(1) substituted by No. 47/2016 s. 11(1).

(a) A intentionally causes another person (B)—

(i) to sexually penetrate A; or

(ii) to sexually penetrate themselves; or

(iii) to sexually penetrate another person (C) or an animal; or

(iv) to be sexually penetrated by C or by an animal; and

(b) B does not consent to the sexual penetration; and

(c) A does not reasonably believe that B consents to the sexual penetration.

Note to s. 39(2) inserted by No. 65/2016 s. 20(13).

An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.

S. 39(3) repealed by No. 47/2016 s. 11(2).

Note to s. 39 inserted by No. 47/2016 s. 11(3).

Exceptions apply to this offence—see section 48A.

S. 40
substituted by No. 74/2014 s. 4.