Sexual intercourse without consent
54 Sexual intercourse without consent
A person who engages in sexual intercourse with another person without the consent of that other person and who is reckless as to whether that other person consents to the sexual intercourse is guilty of an offence punishable, on conviction, by imprisonment for 12 years.
However, for an aggravated offence against subsection (1), the maximum penalty is imprisonment for 15 years.
Section 72AA (Aggravated offences—pt 3 offences involving family violence) makes provision in relation to an aggravated offence against this section.
A person who, acting in company with any other person, engages in sexual intercourse with another person without the consent of that other person and who is reckless as to whether that other person consents to the sexual intercourse is guilty of an offence punishable, on conviction, by imprisonment for 14 years.
However, for an aggravated offence against subsection (3), the maximum penalty is imprisonment for 18 years.
For this section, proof of knowledge or recklessness is sufficient to establish the element of recklessness.
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