Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 4 - THE INTEGRITY AND SECURITY OF THE INTERNATIONAL COMMUNITY AND FOREIGN GOVERNMENTS  

Division 71 - Offences against United Nations and associated personnel  

SECTION 71.8   Unlawful sexual penetration  

(1)  
A person commits an offence if:


(a) the person sexually penetrates another person without the consent of that person; and


(b) that other person is a UN or associated person; and


(c) the UN or associated person is engaged in a UN operation that is not a UN enforcement action; and


(d) the first-mentioned person knows about, or is reckless as to, the lack of consent.

Penalty: Imprisonment for 15 years.

Penalty (aggravated offence): Imprisonment for 20 years.

Note 1:

Section 71.23 defines UN enforcement action , UN operation and UN or associated person .

Note 2:

Section 71.13 defines aggravated offence .

(2)  
Strict liability applies to paragraphs (1)(b) and (c).

(3)  
In this section:

sexually penetrate
means:


(a) penetrate (to any extent) the genitalia or anus of a person by any part of the body of another person or by any object manipulated by that other person; or


(b) penetrate (to any extent) the mouth of a person by the penis of another person; or


(c) continue to sexually penetrate as defined in paragraph (a) or (b).

(4)  
In this section, being reckless as to a lack of consent to sexual penetration includes not giving any thought to whether or not the person is consenting to sexual penetration.

(5)  
In this section, the genitalia or others parts of the body of a person include surgically constructed genitalia or other parts of the body of the person.




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