Sexual Intercourse Without Consent in the Northern Territory

In the Northern Territory, the Criminal Code Act 1983 contains sexual offences such as indecent assault, gross indecency and sexual intercourse without consent. This page deals with the offence of sexual intercourse without consent in the NT.

The offence of sexual intercourse without consent in the NT

Under section 192 of the Criminal Code Act 1983, it is an offence to have sexual intercourse with another person without the other’s person’s consent knowing the other person does not consent or being reckless as to lack of consent. This offence is punishable by a maximum penalty of imprisonment for life.

The offence of gross indecency without consent in the NT

Under section 192 of the Criminal Code Act 1983, a person can also be found guilty of gross indecency without consent. This offence is punishable by up to 14 years imprisonment.

What is sexual intercourse?

Sexual intercourse includes:

• Penetration of the vagina or anus by a penis, body part or object;
• Penetration of the mouth by a penis;
• Fellatio;
• Cunnilingus.

What is gross indecency?

The term ‘gross indecency’ is not defined in the Criminal Code Act. However, it refers to sexual acts that fall short of sexual intercourse but that are contrary to the ordinary standard of morality.

These include:

• Simulated non-consensual sex;
• Sexual touching or kissing.

What is consent?

Consent is defined as free and voluntary agreement.

A person does not consent to sex if:

• They submit because of force or fear of harm;
• They submit because they are unlawfully detained;
• They are asleep, unconscious or so affected by drugs or alcohol that they are incapable of consenting;
• They are incapable of understanding the sexual nature of the act;
• They are mistaken about the sexual nature of the act or the identity of the person;
• They mistakenly believe the act is for medical or hygienic purposes;
• They submit because of false representations about the nature or purpose of the act.

A person may be found guilty of sexual intercourse without consent or gross indecency without consent because they engage in sexual activity:

• With a person who they know is not consenting to the activity;
• With a person who they do not believe on reasonable grounds is consenting to the activity;
• Without considering whether the other person is consenting to the activity.

Penalties for offences under section 192

The maximum penalties that apply to offences involving sexual intercourse or gross indecency without consent vary depending on the circumstances. These penalties are set out in the below table.

Defences to sexual intercourse without consent in the NT

A person who is charged with a criminal offence can rely on a factual defence or a legal defence.

Seek legal advice if you have been charged with an offence

If you have been charged with a criminal offence in the Northern Territory, seek legal advice from an experienced criminal lawyer immediately. Go To Court Lawyers will advise you on:

• the strength of the case against you;
• any available defences
• any evidential issues
• your bail prospects, if you are on remand;
• the court process

The defence of consent

The only legal defence to sexual intercourse without consent is that the alleged victim consented to the sexual activity or that the accused believed on reasonable grounds that they were consenting.  

Factual defences

A person pleading not guilty to an offence may also rely on a factual defence. These include:

• that the alleged offence did not occur;
• that the accused is not the person who committed the alleged offence.

Applying for bail on a charge of sexual intercourse without consent

If you have been charged with sexual intercourse without consent in the Northern Territory, you may want to apply for bail. Decisions about bail in the Northern Territory are made under the Bail Act 1982.

If you are charged with sexual intercourse or gross indecency without consent, there is a presumption against bail. This means that you will not be released from custody unless your lawyer can convince the court that bail should be granted (Bail Act, section 7A).

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.

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