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Sexual assault by forced self-manipulation

Offence title:

 

Sexual assault by forced self-manipulation

Act:

 

80A Crimes Act (NSW)

Offence:

(2)   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, commits an offence.

 

(2A) Any person who compels another person to engage in self-manipulation:

(a)   by means of a threat that the other person could not reasonably be expected to resist, and

(b)   in circumstances of aggravation

commits an offence.

 

Penalty:

 

(2)   Imprisonment for 14 years.

 

(2A) Imprisonment for 20 years.

Summary/Indictable/mixed:

 

Indictable

 

Jurisdiction:

 

District or Supreme Court

 

How committed:

 

(2)   A person threatens his ex-girlfriend that unless she self manipulates with a sex toy, he will send pictures of her engaged in similar acts to her family members and the ex-girlfriend knows he has the pictures and believes he will carry out the threat.

 

(2A) A person, 18 year old male, threatens his 15 year old ex-girlfriend that unless she self manipulates with a sex toy, he will send pictures of her engaged in similar acts to her family members and the ex-girlfriends knows he has the pictures and believes he will carry out the threat.

 

Important note:

circumstances of aggravation mean circumstances in which:

(a)   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

(b)   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

(c)    the alleged offender is in the company of another person or persons, or

(d)   the alleged victim is under the age of 16 years, or

(e)   the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or

(f)    the alleged victim has a serious physical disability, or

(g)   the alleged victim has a cognitive impairment.

 

self-manipulation means the penetration of the vagina (including a surgically constructed vagina) or anus of any person by an object manipulated by the person, except where the penetration is carried out for proper medical or other proper purposes.

 

threat means:

(a)   a threat of physical force, or

(b)   intimidatory or coercive conduct, or other threat, which does not involve a threat of physical force.

 

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