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(a) has sexual intercourse with another person without the consent of the other person and who knows that the other person does not consent to the sexual intercourse, and
(b) is with another person or people, and
(c) who:
i. 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, or
ii. 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, or
iii. the alleged offender deprives the alleged victim of his or her liberty for a period before or after the commission of the offence,
commits and offence
Penalty:
Imprisonment for life – the rest of the natural term of that life.
Summary/Indictable/mixed:
Indictable
Jurisdiction:
District or Supreme Court
How committed:
When sexual intercourse occurs without free and voluntary consent, an offence occurs. Should the intercourse occur in the circumstances in (2) above, it will cause the offence to be aggravated meaning a more serious penalty will apply.