Compelling Sexual Penetration

by Doogue + George Criminal Defence Lawyers

Compelling Sexual Penetration

Compelling Sexual Penetration is a criminal offence that may be charged against a person who allegedly forced another person to have sex, usually through the threat of physical violence. In legal definition, it occurs when somebody forces another person to have sex with themselves, a person, or an animal.

Examples of Compelling Sexual Penetration

  • Someone forces another person to sexually penetrate themselves with an object by threatening the other person with violence.
  • Someone forces another to give them oral sex by threatening violence.

What are some of the possible defences to a Compelling Sexual Penetration charge?

  • The other person consented.
  • There was no sexual penetration.

There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this

  • How can they prove that the sex was forced?
  • Can they prove there was sexual penetration?

Maximum penalty and Court that deals with this charge

Compelling sexual penetration has a maximum sentence of 25 years imprisonment. It is a strictly indictable charge which means it must be heard in the County Court. If you are defending the charges, they will be heard in front of jury.

Legislation

The section that covers this offence is section 39 of the Crimes Act 1958.

What can you be sentenced to for this charge?

As you would expect with this offence it normally has a prison term attached to it if you are found guilty.

Have you been charged with Compelling Sexual Penetration? Talk to a criminal law specialist and get your case evaluated. Doogue + George Defence Lawyers has accredited criminal solicitors and barristers that specialise in criminal defence against charges related to sexual offences.

To view additional resources related to this offence, check out this page where this article was originally published: https://www.criminal-lawyers.com.au/offences/compelling-sexual-penetration



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