Victorian Current Acts

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CRIMES ACT 1958 - SECT 35A

Sexual penetration

    (1)     A person (A) sexually penetrates another person (B) if—

        (a)     A introduces (to any extent) a part of A's body or an object into B's vagina; or

        (b)     A introduces (to any extent) a part of A's body or an object into B's anus; or

        (c)     A introduces (to any extent) their penis into B's mouth; or

        (d)     A, having introduced a part of A's body or an object into B's vagina, continues to keep it there; or

        (e)     A, having introduced a part of A's body or an object into B's anus, continues to keep it there; or

        (f)     A, having introduced their penis into B's mouth, continues to keep it there.

    (2)     A person sexually penetrates themselves if—

        (a)     the person introduces (to any extent) a part of their body or an object into their own vagina; or

        (b)     the person introduces (to any extent) a part of their body or an object into their own anus; or

        (c)     having introduced a part of their body or an object into their own vagina, they continue to keep it there; or

        (d)     having introduced a part of their body or an object into their own anus, they continue to keep it there.

    (3)     A person (A) sexually penetrates an animal if A engages in conduct with the animal that would involve sexual penetration as defined by subsection (1) were the animal another person (B).

    (4)     A person (B) is sexually penetrated by an animal if B engages in conduct with the animal that would involve sexual penetration as defined by subsection (1) were the animal another person (A).

    (5)     In relation to sexual penetration of an animal, a reference to the vagina or anus includes a reference to any similar part.

Note

References to A and B are included to help readers understand the definition of sexual penetration. The same technique is used in the offence provisions involving sexual penetration. There is no connection between the A and B referred to in one section and the A and B referred to in another section.

S. 35B inserted by No. 47/2016 s. 5.



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