24ASexual violence

24A Sexual violence

What is sexual violence? (1) A person engages in sexual violence if: (a) the person engages in sexual activity that involves one or more other persons; and (b) any of the following apply: (i) the consent of one or more of those other persons is not freely given or obtained; (ii) the consent of one or more of those other persons is withdrawn during the sexual activity; (iii) one or more of those other persons is unable to give consent, whether because of the other person’s age or for any other reason. (2) A person also engages in sexual violence if the person engages, attempts to engage, or threatens to engage, in any of the following conduct: (a) sexual assault; (b) sexual abuse; (c) abuse that involves making or sharing an intimate image; (d) sexual harassment or harassment on the ground of sex.

Note: For intimate image, sexually harass and harass on the ground of sex, see subsection 6(1).

(3) A person also engages in sexual violence if the person engages in conduct (the relevant conduct) that is the same as, or substantially similar to, conduct that constitutes an offence against Part 3, 3A, 4 or 5 of the Crimes Act 1900 (ACT) (as in force immediately before the commencement of this section), whether or not the person has been found guilty of, or been convicted of, an offence in relation to the relevant conduct by an Australian court. (4) Subsections (1), (2) and (3) do not limit each other. Being satisfied that a member has engaged in sexual violence (5) Without limiting when the Chief of the Defence Force may be satisfied that a member has engaged in sexual violence for the purposes of section 24, the Chief of the Defence Force may be satisfied of that matter for those purposes if: (a) both of the following apply: (i) the Chief of the Defence Force is satisfied that an Australian court or an Australian tribunal has made a finding that the member engaged in certain conduct; (ii) the Chief of the Defence Force is satisfied that engaging in the conduct constitutes engaging in sexual violence; or (b) all of the following apply: (i) the Chief of the Defence Force is satisfied that a person or body (other than an Australian court or an Australian tribunal), following the conclusion of a process that accorded procedural fairness to the member, has made a finding that the member engaged in certain conduct; (ii) the Chief of the Defence Force is, on the basis of that finding and any other relevant information available to the Chief of the Defence Force, satisfied that the member engaged in the conduct; (iii) the Chief of the Defence Force is satisfied that engaging in the conduct constitutes engaging in sexual violence.