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.

43 Threat to commit a sexual offence

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

(a)A makes to another person (B) a threat to rape or sexually assault B or a third person (C); and

(b)A intends that B will believe, or believes that B will probably believe, that A will carry out the threat.

(2)Words or conduct may constitute a threat for the purposes of subsection (1) if by those words or that conduct an intention to do any of the following is conveyed—

(a)to sexually penetrate or sexually touch B or C without B or C's consent;

(b)to cause B or C, without B or C's consent, to sexually penetrate or sexually touch—

(i)A; or

(ii)C or B (as the case requires); or

(iii)themselves; or

(iv)another person; or

(v)an animal;

S. 43(2)(b)(v) amended by No. 47/2016 s. 14(1)(a).

(c)to cause B or C, without B or C's consent, to be sexually penetrated or sexually touched by another person or by an animal.

S. 43(2)(c) inserted by No. 47/2016 s. 14(1)(b).

(3)A person who commits an offence against subsection (1) is liable to level 6 imprisonment (5 years maximum).

(4)For the purposes of this section, a threat may be made by words or conduct and may be explicit or implicit.

S. 43(4) substituted by No. 47/2016 s. 14(2).

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