Where the Crown alleges digital penetration of the female genitalia involving alternation between touching the clitoris and inserting fingers into the vaginal canal during a continuous massage, this may properly be charged as a single count of sexual intercourse without consent under s 61I of the Crimes Act 1900 (NSW), and is not bad for duplicity. The broad definition of sexual intercourse in s 61H encompasses penetration to any extent of the genitalia, including the clitoris.
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