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This is a Bill, not an Act. For current law, see the Acts databases.
Tasmania
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CRIMINAL CODE AMENDMENT (RAPE) BILL 2016
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CONTENTS
1. Short Title
2. Commencement
3. Principal Act
4. Schedule 1 amended (Criminal Code)
5. Repeal of Act
CRIMINAL CODE AMENDMENT (RAPE) BILL 2016
(Brought in by Larissa Tahireh Giddings)
A BILL FOR
An Act to amend the Criminal Code Act 1924
Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and
consent of the Legislative Council and House of Assembly, in Parliament assembled, as
follows:
1. Short title
This Act may be cited as the Criminal Code Amendment (Rape) Act 2016
2. Commencement
This Act commences on the day on which this Act receives the Royal Assent
3. Principal Act
In this Act, the Criminal Code Act 1924 is referred to as the Principal Act
4. Schedule 1 amended (Criminal Code)
Schedule 1 to the Principal Act is amended as follows:
(a) by inserting in Chapter 1 - Interpretation
sexual penetration means -
(a) introduction (to any extent) by a person of his penis into the vagina,
anus or mouth of another person, whether or not there is emission of
semen; or
Criminal Code Amendment (Rape) Act 2016
Act No. Of
s.4
(b) introduction (to any extent) by a person of an object or a part of his or
her body (other than the penis) into the vagina or anus of another person,
other than in the course of a procedure carried out in good faith for
medical or hygienic purposes; or
(c) to manipulate any part of the body of another person so as to cause
penetration of the vagina of the offender by part of the other person's
body; or
(d) to intentionally cause another person without consent to penetrate his
or her anus, vagina or mouth or the anus, vagina or mouth of a third person
by an object or a part of his or her body (including the penis)
(e) for the purposes of this Act, a reference to a breast, vagina, labia
majora, penis or other sexual organ includes a reference to a surgically
constructed or altered breast, vagina, labia majora, penis or other sexual
organ
(b) by inserting after 1A new sections:
1B. Objectives for the purposes of sections 122, 124, 125, 125AS, 125B,
125C, 125D, 126, 127, 129, 130, 130A, 130B, 130C, 130D, 130E, 137,
138, 139 and 185
The objectives for the purposes of sections 122, 124, 125, 125AS,
125B, 125C, 125D, 126, 127, 129, 130, 130A, 130B, 130C, 130D,
130E, 137, 138, 139, 185 are -
(a) to uphold the fundamental right of every person to make decisions
about his or her sexual behaviour and to choose not to engage in sexual
activity;
(b) to protect children and persons with a cognitive impairment from
sexual exploitation.
1C. Guiding Principles for purposes of sections 122, 124, 125, 125AS,
125B, 125C, 125D, 126, 127, 129, 130, 130A, 130B, 130C, 130D, 130E,
137, 138, 139 and 185
It is the intention of Parliament that in interpreting and applying
sections within Chapter XIV, courts are to have regard to the fact that -
Criminal Code Amendment (Rape) Act 2016
Act No. Of
s.4
(a) there is a high incidence of sexual violence within society; and
(b) sexual offences are significantly under-reported; and
(c) a significant number of sexual offence are committed against
women, children and other vulnerable persons including persons with a
cognitive impairment; and
(d) sexual offenders are commonly known to their victims; and
(e) sexual offences often occur in circumstances where there is
unlikely to be any physical signs of an offence having occurred.
5. Section 122 amended (Unnatural crimes)
Section 122 is amended by omitting in section 122 Unnatural Crimes "has
sexual intercourse with" and substituting "sexually penetrates"
6. Section 125A amended (Maintaining sexual relationship with a young person)
Section 125A is amended by omitting in section 125A. (1) Maintaining
sexual relationship with young person "127A"
7. Section 126 amended (Sexual intercourse with person with mental impairment)
Section 126 is amended by omitting in section 126 Sexual intercourse with
person with mental impairment "has sexual intercourse with" and
substituting "sexually penetrates"
8. Section 127A deleted (Aggravated sexual assault)
Section 127A Aggravated sexual assault is deleted.
9. Section 185(1) amended (Rape)
Section 185(1) is amended by omitting "sexual intercourse" and
substituting "sexually penetrates"
10. Repeal of the Act
This Act is repealed on the three hundred and sixty fifth day from the day on
which it commences.