What the law states
The offence of sexual assault by forced self-manipulation is outlined in section 80A(2) of the Crimes Act 1900 (NSW):
Any person who compels another person to engage in self-manipulation, by means of a threat that the other person could not reasonably be expected to resist.
Self-manipulation includes penetration into the vagina of a female or anus by an object manipulated by the person except for medical purposes.
The type of threat may be intimidatory, coercive or physical conduct.
There is no offence unless the person knows that the alleged victim engaged in self-manipulation as a result of the threat.
Penalties
The maximum penalty for this offence is 14 years imprisonment. Furthermore, if any circumstances of aggravation are present, the maximum sentence becomes 20 years.
Aggravating factors include:
- at the time of, or immediately before or after, the commission of the offence, the alleged offender intentionally or recklessly inflicts actual bodily harm on the alleged victim or any other person who is present or nearby
- at the time of, or immediately before or after, the commission of the offence, the alleged offender threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument
- the alleged offender is in the company of another person or persons
- the alleged victim is under the age of 16 years
- the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender
- the alleged victim has a serious physical disability
- the alleged victim has a cognitive impairment.
How can Prime Lawyers help you?
If you have been charged with this offence, our experienced and knowledgeable criminal lawyers can help you. They will carefully examine the facts of you case and do all that they can to obtain the best result for you.