Queensland Consolidated Acts
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CRIMINAL CODE 1899 - SECT 349
(1) Any person who rapes another person is guilty of a crime.
Maximum penalty—life imprisonment.
(2) A person rapes another person
(a) the person has carnal knowledge with or of the other person without
the other person’s consent; or
(b) the person penetrates the vulva, vagina
or anus of the other person to any extent with a thing or a part of the
person’s body that is not a penis without the other person’s consent; or
(c) the person penetrates the mouth of the other person to any extent with the
person’s penis without the other person’s consent.
(3) For this section,
a child under the age of 12 years is incapable of giving consent.
Penalties and Sentences Act 1992 , section 161Q states a circumstance of
aggravation for an offence against this section.
(5) An indictment charging
an offence against this section with the circumstance of aggravation stated in
the Penalties and Sentences Act 1992 , section 161Q may not be presented
without the consent of a Crown Law Officer.
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