Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/11

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from being employed in a manner that places them in a position to work with or have access to or authority or supervision over or care of children or persons who are mentally disabled.

Chapter 2

Sexual offences

Part 1: Rape and compelled rape

Rape

3. Any person (“A”) who unlawfully and intentionally commits an act of sexual penetration with a complainant (“B”), without the consent of B, is guilty of the offence of rape.

Compelled rape

4. Any person (“A”) who unlawfully and intentionally compels a third person (“C”), without the consent of C, to commit an act of sexual penetration with a complainant (“B”), without the consent of B, is guilty of the offence of compelled rape.

Part 2: Sexual assault, compelled sexual assault and compelled self-sexual assault

Sexual assault

5. (1) A person (“A”) who unlawfully and intentionally sexually violates a complainant (“B”), without the consent of B, is guilty of the offence of sexual assault.

(2) A person (“A”) who unlawfully and intentionally inspires the belief in a complainant (“B”) that B will be sexually violated, is guilty of the offence of sexual assault.

Compelled sexual assault

6. A person (“A”) who unlawfully and intentionally compels a third person (“C”), without the consent of C, to commit an act of sexual violation with a complainant (“B”), without the consent of B, is guilty of the offence of compelled sexual assault.

Compelled self-sexual assault

7. A person (“A”) who unlawfully and intentionally compels a complainant (“B”), without the consent of B, to—

(a)

engage in—

(i)

masturbation;

(ii)

any form of arousal or stimulation of a sexual nature of the female breasts; or

(iii)

sexually suggestive or lewd acts,

with B himself or herself;

(b)

engage in any act which has or may have the effect of sexually arousing or sexually degrading B; or

(c)

cause B to penetrate in any manner whatsoever his or her own genital organs or anus,

is guilty of the offence of compelled self-sexual assault.