Text as at 26 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

38 Rape

(1)A person (A) commits an offence if—

(a)A intentionally sexually penetrates another person (B); and

(b)B does not consent to the penetration; and

(c)A does not reasonably believe that B consents to the penetration.

(2)A person who commits an offence against subsection (1) is liable to level 2 imprisonment (25 years maximum).

Note to s. 38(2) inserted by No. 65/2016 s. 20(12), repealed by No. 34/2017 s. 26(1).

* * * * *

(3)The standard sentence for an offence against subsection (1) is 10 years.

S. 38(3) repealed by No. 47/2016 s. 10(1), new s. 38(3) inserted by No. 34/2017 s. 26(2).

1An exception applies to this offence—see section 48A.

2See sections 5A and 5B of the Sentencing Act 1991 as to standard sentences.

3An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.