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.

41 Sexual assault by compelling sexual touching

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

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

S. 41(1)(a) substituted by No. 47/2016 s. 13(1).

(i)to touch A; or

(ii)to touch themselves; or

(iii)to touch another person (C) or an animal; or

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

(b)the touching is sexual; and

(c)B does not consent to the touching; and

(d)A does not reasonably believe that B consents to the touching.

(2)A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).

* * * * *

1Exceptions apply to this offence—see section 48A.

2A mistaken but honest and reasonable belief that the touching was not sexual is not a defence to this offence— see section 48B.