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.

39 Rape by compelling sexual penetration

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

S. 39(1) substituted by No. 47/2016 s. 11(1).

(a)A intentionally causes another person (B)—

(i)to sexually penetrate A; or

(ii)to sexually penetrate themselves; or

(iii)to sexually penetrate another person (C) or an animal; or

(iv)to be sexually penetrated by C or by an animal; and

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

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

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

Note to s. 39(2) inserted by No. 65/2016 s. 20(13).

An 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.

* * * * *

Exceptions apply to this offence—see section 48A.