208GDefinitions

208G Definitions aggravated offence means an offence against this Part to which a circumstance of aggravation mentioned in section 208P applies. article includes any thing: (a) that contains or embodies matter to be read or looked at; or (b) that is to be looked at; or (c) that is a record; or (d) that can be used, either alone or as one of a set, for the production or manufacture of any thing referred to in paragraphs (a), (b) or (c). close family member, for Division 6, see section 208M. cognitive impairment, for Division 5, see section 208L. consent, see section 208GA. genitals includes internal and external genitals and any surgically constructed genitals. Criminal Code Act 1983 176 historical offence means any of the following offences: (a) an offence against section 127, 128, 130, 132, 134, 188(2)(k), 192 or 192B as in force at any time before the commencement of this Part; (b) an offence against section 129 or 135, as in force at any time before the commencement of the Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003; (c) an offence against another repealed provision of an Act that is substantially similar to an offence mentioned in paragraph (a) or (b). indecent, see section 208GB(1). married means married according to the law of Australia. part of the body includes a surgically constructed part of the body. penis includes a surgically constructed penis. position of authority, see section 208GC. senior rank, in relation to a police officer, means a rank of or above the rank of Commander. sexual intercourse means any of the following: (a) the penetration (to any extent) of the genitals or anus of a person with any part of the body of a person or with anything controlled by a person; (b) the penetration (to any extent) of the mouth of a person with the penis of a person; (c) cunnilingus; (d) fellatio; (e) the continuation of an act mentioned in paragraphs (a) to (d). Note for definition sexual intercourse Section 208PC provides a general exception for an offence against this Part for engaging in sexual intercourse in the course of a procedure carried out in good faith for medical or hygienic purposes. sexually involved with, see section 208GD. touches, see section 208GE. Criminal Code Act 1983 177 208GA Consent (1) Consent, to a sexual act, means free and voluntary agreement to the act. (2) Circumstances in which a person does not consent to a sexual act include circumstances in which: (a) the person submits to the act because of force or the fear of force to the person or to someone else; or (b) the person submits to the act because the person is unlawfully detained; or (c) the person submits to the act because of a false representation as to the nature or purpose of the act; or (d) the person is asleep or unconscious or is so affected by alcohol, a drug or another substance as to be incapable of consenting; or (e) the person is incapable of understanding the sexual nature of the act; or (f) the person is mistaken about the sexual nature of the act; or (g) the person is mistaken about the identity of another person involved in the act; or (h) the person consents to the act with a condom, but another person involved in the act does not use or intentionally disrupts or removes the condom without the person's consent. Example for subsection (2)(f) The person mistakenly believes the act is for medical or hygienic purposes. sexual act means an act that constitutes an element of an offence against this Part. Note for section 208GA Section 208PB also requires that the Judge direct a jury, in a relevant case, as to the factors to which the jury may have regard in determining whether or not there was consent. 208GB Indecent and grossly indecent (1) An act, including touching, an image or a thing is indecent if it is indecent according to the standards of ordinary people. Criminal Code Act 1983 178 (2) In a prosecution for an offence against this Part, indecency or gross indecency is a matter for the trier of fact. 208GC Meaning of position of authority (1) A person is in a position of authority in relation to a person who is 16 or 17 years of age (the young person) if, at the time of the conduct concerned: (a) the person is a parent, step-parent, foster parent, legal guardian or legal custodian of the young person; or (b) the person is a teacher at a school and the young person is enrolled at the school; or (c) the person is an employer of the young person; or (d) the person is a counsellor to the young person in a professional capacity; or (e) the person is a health practitioner and the young person is the person's patient; or (f) the person is a police officer, correctional services officer or community youth justice officer and the young person is in the person's care, custody, control or supervision as such an officer; or (g) the person has authority over the young person because of the circumstances of the person's relationship with the young person, regardless of whether the authority is exercised lawfully; or (h) the person has established a personal relationship with the young person in connection with the care, supervision or religious, sporting, musical or other instruction of the young Example for subsection (1)(g) The person supplies the young person with drugs. Example for subsection (1)(h) of a person who has established a personal relationship in connection with the supervision of a young person The person supervises the young person in the course of employment or training. (2) In subsection (1): community youth justice officer, see section 5(1) of the Youth Justice Act 2005. Criminal Code Act 1983 179 health practitioner means a person registered under the Health Practitioner Regulation National Law to practise in a health profession (other than as a student). 208GD Meaning of sexually involved with A person is sexually involved with an animal if any of the following occur: (a) the person inserts (to any extent) any part of the person's body or a thing controlled by the person into the genitals or anus of the animal; (b) the person inserts (to any extent) the person's penis into the mouth of the animal; (c) the person touches the animal's genitals with any part of the person's mouth; (d) the animal's penis is inserted (to any extent) into the person's genitals, anus or mouth; (e) any part of the animal's mouth touches the person's genitals. Note for definition sexually involved with Section 208PC provides a general exception for an offence against this Part for acts done in the course of a procedure carried out in good faith for veterinary or agricultural purposes. 208GE Meaning of touches A person touches another person if the person touches the other person with any part of the person's body or with anything controlled by the person.