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.

52B Sexual penetration of a person with a cognitive impairment or mental illness

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

(a)A intentionally—

(i)sexually penetrates another person (B); or

(ii)causes or allows B to sexually penetrate A; or

(iii)causes B—

(A)to sexually penetrate themselves; or

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

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

(b)B has a cognitive impairment or mental illness; and

(c)A—

(i)provides treatment or support services to B; or

(ii)is a worker for a service provider that provides treatment or support services to B.

(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 sections 52F and 52G.

2Defences apply to this offence—see sections 52H, 52I and 52J.

3A mistaken but honest and reasonable belief of certain matters is not a defence against this offence— see section 52K.