sec.538Application of ch 18

### sec.538 Application of ch 18 This chapter applies in relation to the following offences against the Criminal Code ( chapter 18 offences ), but only if semen, blood, saliva or another bodily fluid may have been transmitted into the anus, vagina, a mucous membrane, or broken skin of a victim of the offence— rape; a sexual assault involving penetration of a penis into the victim’s mouth; incest committed against a child under 12; engaging in penile intercourse with a child under 12; abuse of a person with an impairment of the mind involving penetration of a penis into the victim’s mouth; a serious assault if— blood, saliva or another bodily fluid has penetrated, or may have penetrated, the victim’s skin; or blood, saliva or another bodily fluid has entered, or may have entered, a mucous membrane of the victim. For the offences, see the Criminal Code , sections 215 (Engaging in penile intercourse with children under 16), 216 (Abuse of persons with an impairment of the mind), 222 (Incest), 340 (Serious assaults) and 349 (Rape). This chapter also applies to a person other than the victim if semen, blood, saliva or another bodily fluid may have been transmitted to the person during or soon after the commission of a chapter 18 offence. However, this chapter does not apply to an assault that involves— the penetration of the anus or vagina by an object other than a penis; or the transfer of blood or another bodily fluid in a way that does not penetrate the anus, vagina, a mucous membrane or the skin of a victim; or spitting saliva onto intact skin. s 538 ins 2000 No. 22 s 18 amd 2003 No. 49 s 13 ; 2005 No. 45 s 3 sch 1 ; 2008 No. 55 s 150 sch ; 2016 No. 50 s 40 sch 1 ; 2023 No. 1 s 97 s ch 1 pt 2 (sec.538-ssec.1) This chapter applies in relation to the following offences against the Criminal Code ( chapter 18 offences ), but only if semen, blood, saliva or another bodily fluid may have been transmitted into the anus, vagina, a mucous membrane, or broken skin of a victim of the offence— rape; a sexual assault involving penetration of a penis into the victim’s mouth; incest committed against a child under 12; engaging in penile intercourse with a child under 12; abuse of a person with an impairment of the mind involving penetration of a penis into the victim’s mouth; a serious assault if— blood, saliva or another bodily fluid has penetrated, or may have penetrated, the victim’s skin; or blood, saliva or another bodily fluid has entered, or may have entered, a mucous membrane of the victim. For the offences, see the Criminal Code , sections 215 (Engaging in penile intercourse with children under 16), 216 (Abuse of persons with an impairment of the mind), 222 (Incest), 340 (Serious assaults) and 349 (Rape). (sec.538-ssec.2) This chapter also applies to a person other than the victim if semen, blood, saliva or another bodily fluid may have been transmitted to the person during or soon after the commission of a chapter 18 offence. (sec.538-ssec.3) However, this chapter does not apply to an assault that involves— the penetration of the anus or vagina by an object other than a penis; or the transfer of blood or another bodily fluid in a way that does not penetrate the anus, vagina, a mucous membrane or the skin of a victim; or spitting saliva onto intact skin. - (a) rape; - (b) a sexual assault involving penetration of a penis into the victim’s mouth; - (c) incest committed against a child under 12; - (e) engaging in penile intercourse with a child under 12; - (f) abuse of a person with an impairment of the mind involving penetration of a penis into the victim’s mouth; - (g) a serious assault if— (i) blood, saliva or another bodily fluid has penetrated, or may have penetrated, the victim’s skin; or (ii) blood, saliva or another bodily fluid has entered, or may have entered, a mucous membrane of the victim. - (i) blood, saliva or another bodily fluid has penetrated, or may have penetrated, the victim’s skin; or - (ii) blood, saliva or another bodily fluid has entered, or may have entered, a mucous membrane of the victim. - (i) blood, saliva or another bodily fluid has penetrated, or may have penetrated, the victim’s skin; or - (ii) blood, saliva or another bodily fluid has entered, or may have entered, a mucous membrane of the victim. - (a) the penetration of the anus or vagina by an object other than a penis; or - (b) the transfer of blood or another bodily fluid in a way that does not penetrate the anus, vagina, a mucous membrane or the skin of a victim; or - (c) spitting saliva onto intact skin.