Sexual Intercourse Offences (ACT)
Sexual offences in the ACT are governed by the Crimes Act 1900. As well as including numerous offences against children below the age of consent, the act sets out various categories of offences involving sexual intercourse with adults. For most sexual offences against adults, an absence of consent is an essential element. This page outlines some of the sexual offences that exist in the ACT.
Sexual intercourse without consent
The most serious sexual offence against an adult is sexual intercourse without consent. A person who has sexual intercourse with another person without consent, knowing that the other person does not consent or being reckless as to whether the other person consents is guilty of an offence.
This offence is punishable by imprisonment for 12 years. A person who commits this offence in company with another person commits an offence punishable by 14 years.
Sexual intercourse is defined as the penetration, to any extent, of the genitalia or anus of a person by any part of the body of another person, except penetration for medical or other lawful purposes. It also encompasses penetration of the genitalia or anus of a person by an object carried out by another person, except for medical purposes or as otherwise authorised by law (section 50).
Consent
Consent is defined as free agreement.
Under section 67, a person is not taken to have consented to sex if:
- they say or do something to communicate that they are withdrawing their agreement
- they participate because of fear of violence or force or because of a threat of violence or force
- they participate because of extortion, coercion, blackmail, intimidation or a fear of public humiliation or disgrace
- they participate because of force or fear
- they are incapable of agreeing to the act because of intoxication
- they are mistaken about the other person’s identity
- they participate because of a fraudulent misrepresentation
- they participate because of an intentional misrepresentation about the use of a condom
- they participate because of an abuse of a relationship of authority or a professional relationship
- they are asleep, unconscious or unlawfully detained
Furthermore, a person is not taken to have consented to an act because they did not say or do anything to resist or because they have consented to other sexual acts in the past.
Acts of indecency
A range of offences exists in the ACT relating to acts of indecency.
A person who inflicts grievous bodily harm on another person with intent to commit an act of indecency is guilty of a crime punishable by imprisonment for 15 years (section 57). If the offender inflicts actual bodily harm with intent to commit an act of indecency, the offence is punishable by imprisonment for 12 years. If the offender assaults or threatens to inflict harm on the other person with intent to commit an act of indecency, the offence is punishable by imprisonment for 10 years.
An act of indecency committed on a person without the person’s consent is an offence punishable by imprisonment for 7 years. If the act of indecency is committed in company with another person, the offence is punishable by imprisonment for 9 years.
Abduction
A person who abducts another person by force or unlawfully detains another person with the intent to have sexual intercourse with the person is guilty of an offence punishable by imprisonment for 10 years (Section 63).
Sexual assault offences
Unlike other Australian states and territories, the ACT provides for different categories of physical assaults with intent to have sexual intercourse, depending on the circumstances of the assault and the level of harm inflicted.
Sexual assault in the first degree
Section 51 of the Crimes Act makes it an offence punishable by 17 years imprisonment to inflict grievous bodily harm on another person with intent to engage in sexual intercourse with that other person or with a third person who is present or nearby. A penalty of 20 years applies for this offence if it is committed in company with another person.
Sexual assault in the second degree
Section 52 makes it an offence punishable by 14 years imprisonment to inflict actual bodily harm on a person with the intent to engage in sexual intercourse with that person or with a third person who is present or nearby.
Sexual assault in the third degree
A person who assaults or threatens another person with bodily harm with intent to engage in sexual intercourse with that person or with a third person who is present or nearby is guilty of an offence punishable by 12 years imprisonment (Section 53). If this offence is committed in company with another person, it is punishable by imprisonment for 14 years.
Sexual servitude and sexual services
A range of sexual offences exists in the ACT relating to sexual servitude and the provision of sexual services.
It is an offence to intentionally or recklessly cause another person to be held in sexual servitude. It is an offence to conduct a business that involves the sexual servitude of others (Section 79). It is an offence to use deception to recruit a person to provide sexual services (Section 80).
Incest
A person commits an offence if he or she has sexual intercourse with a person knowing that person to be his or her lineal ancestor, lineal descendant, sister, brother or half-sister or half-brother. This offence is punishable by imprisonment for 10 years where the other person is an adult and by longer penalties where the other person is a child.
A person can be found guilty of incest regardless of whether the other person consented to sex.
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