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Criminal Code Act 1983
208HSexual intercourse – without consent
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208H Sexual intercourse – without consent
(b) the other person does not consent to the sexual intercourse
Criminal Code Act 1983 180
(2) The offence of attempting to commit an offence against
subsection (1) is punishable by imprisonment not exceeding:
(a) 20 years; or
(b) for an aggravated offence – 25 years.
208HA Compelling sexual intercourse or penetration – without
consent
(a) the person intentionally compels, by force or otherwise,
another person:
(b) the other person does not consent to engaging in the conduct
208HB Gross indecency – without consent
(a) the person intentionally performs an act on another person;
and
(c) the other person does not consent to the act being performed
Criminal Code Act 1983 181
(b) the conduct results in another person performing an act on the
person and the person intends that result; and
(c) the act is grossly indecent; and
(d) the other person does not consent to performing the act and
(3) Absolute liability applies to subsections (1)(b) and (2)(c).
208HC Indecent touching or act – without consent
(ii) engages in an act directed at another person; and
(c) the other person does not consent to the touching or act and
(b) the conduct results in the person being touched by another
person and the person intends that result; and
(c) the touching is indecent; and
(d) the other person does not consent to the touching and the
person is reckless in relation to the other person's lack of
(3) Absolute liability applies to subsections (1)(b) and (2)(c).
Criminal Code Act 1983 182
208HD Compelling indecent touching or act – without consent
(a) the person intentionally compels, by force or otherwise,
another person:
(c) the other person does not consent to the touching or act and
208HE Recklessness in sexual offences
Despite section 43AK, for an offence against this Division:
(a) being reckless in relation to a lack of consent to sexual
intercourse, engaging in conduct, the performance of an act,
touching or an act includes not giving any thought to whether
or not the other person consents to the sexual intercourse,
engaging in the conduct, the performance of the act, the
touching or the act; and
(b) the trier of fact must have regard to all the circumstances of
the case including any steps taken by the person to ascertain
whether the other person consents to the sexual intercourse,
engaging in the conduct, the performance of the act, the
touching or the act.
208HF Attempt to commit sexual offence and recklessness
(1) Despite section 43BF(4), if recklessness is a fault element for a
physical element of an offence against this Division, recklessness is
also a fault element for the same physical element in relation to an
attempt to commit that offence.
Criminal Code Act 1983 183
(2) The fault element of recklessness mentioned in subsection (1)
includes the fault element as extended by section 208HE.
Division 3 Sexual acts committed against children under