Sexual assault is a serious crime under Victorian law, encompassing acts such as rape, child sexual abuse, unwanted sexual touching, and coercion into sexual acts. It also includes non-physical actions like forcing someone to view inappropriate sexual material.

Victorian law enforces strict penalties for these crimes, with sentences ranging from 5 to 25 years in prison. This guide provides an overview of the legal definitions, rights of victims, available support services, and practical steps for those affected by sexual assault.

Key Offences Related to Sexual Assault

1. Rape

Rape occurs when a person engages in sexual penetration with another individual without their consent. This includes situations where:

• The individual is forced into the act against their will.
• The act continues after the individual withdraws consent.
• The individual is coerced into sexually penetrating another person or an animal.

Sexual penetration includes any insertion of a body part (e.g., a finger or tongue) or an object into another person’s vagina, anus, or mouth, even briefly.

• Compelling Sexual Acts

It is a criminal offence to force another person to participate in sexual acts, including sexual penetration involving another person or an animal. This also applies to situations where an individual is coerced into inserting an object into their own body. Such actions are only permissible under the law when performed for legitimate medical or hygiene purposes.

• Unwanted Sexual Touching (Indecent Assault)

Indecent assault involves non-consensual sexual contact, such as touching intimate areas, including the breasts, buttocks, or genitals, without consent.

• Sexual Acts with a Family Member (Incest)

Incest refers to sexual penetration between close family members, such as a parent, grandparent, sibling, or step-parent. If the individual is forced into such acts, they are not at    fault under the law—the person responsible for coercing the act is solely liable.

• Sexual Exploitation or Servitude

Sexual servitude occurs when a person is forced or coerced into engaging in sexual acts, including sex work. This can involve threats, manipulation, or fear of harm or consequences, such as deportation or financial penalties.

• Child Sexual Offences

The law explicitly prohibits sexual acts involving minors under 18, including:

• Sexual penetration or touching of children under the age of 16.
• Sexual offences committed by individuals in positions of trust or authority (e.g., teachers, coaches, foster carers) involving children aged 16 or 17.
• Possession and production of Child Sexual Abuse Material (CSAM).

Consent from a child under 16 is not legally valid. Limited exceptions apply where the accused reasonably believed the child was older or when the individuals involved are close in age.

• Offences Against People with Disabilities

Victorian law prohibits sexual acts involving individuals with cognitive impairments, such as intellectual disabilities or mental health conditions, if the accused is in a care giving or professional role. These acts are unlawful even if the individual appears to give consent.

The Role of Consent in Sexual Offences

Consent is a critical element in determining whether a sexual act is lawful. Under Victorian law, consent must be freely given and can be withdrawn at any time. A person is not able to give consent if they are:

• Being threatened, forced, or coerced.
• Scared for their safety or the safety of someone else.
• Unable to leave the situation.
• Asleep, unconscious, or impaired by drugs or alcohol.
• Deceived about the nature of the act or the identity of the other person.

The absence of consent makes the act unlawful, regardless of the relationship between the parties involved.

What to Do If you Experience Sexual Assault

If you or someone you know has been affected by sexual assault, there are steps you can take:

1. Report the Crime

Victims can choose to report sexual assault to the police. Specialised units, such as the Sexual      Offences and Child Abuse Investigation Teams (SOCIT), are trained to handle these cases with sensitivity and professionalism.

• Apply for Legal Protection

Victims can apply for intervention orders to ensure their safety:

• Family Violence Intervention Orders: For cases involving family members, partners, or individuals in close relationships.
• Personal Safety Intervention Orders: For cases involving stalking, threats, or harassment by non-family members.

These orders can legally restrict the offender from contacting or approaching the victim.

• Access Support Services

Support services are available to provide emotional, practical, and legal assistance. Counselors and advocates from organisations such as Centres Against Sexual Assault (CASA) can:

• Offer confidential counseling.
• Assist in understanding legal options and processes.
• Provide resources and referrals for ongoing support.

Key Legislation

1. Crimes Act 1958: The primary legal framework for sexual offences, including definitions and penalties.
2. Family Violence Protection Act 2008: For legal protection in cases of family violence.
3. Personal Safety Intervention Orders Act 2010: For protection in cases involving non-family harassment or stalking.

Resources and Support

1. Victoria Police SOCIT (Sexual Offences and Child Abuse Investigation Teams): Expert-led units for sensitive case investigations, ensuring professionalism and care. Find contact details for each SOCIT across the state by visiting Victoria Police – Contact a SOCIT.
2. CASA (Centre Against Sexual Assault): Offers free counseling, advocacy, and support for victims of sexual violence.
3. Victoria Legal Aid: Assists with free legal advice and representation for individuals involved in sexual offence cases.
4. 1800 Respect (National Counselling Service): Accessible for national counseling and referral services.
5. Sexual Assault Crisis Line (SACL): Provides confidential, 24/7 counseling and crisis support. Call 1800 806 292.
6. Victims of Crime Helpline: Offers information, advice, and referrals to support services. Call 1800 819 817.
7. Safe Steps Crisis Phone Line: Family violence crisis support and assistance. Call 1800 015 188.

Conclusion

Sexual assault is a serious offence with significant legal consequences for offenders. If you or someone you know has been affected, understanding your rights, and accessing the appropriate support can make a critical difference. Support services and legal protection are in place to help victims recover and seek justice. No one should face this alone—help is available.