Crimes Act 1958

A person (A) commits an offence if—

A intentionally applies force to another person (B); and

B does not consent to the application of that force; and

at the time of applying that force A intends that B take part in a sexual act; and

A does not reasonably believe that B would consent to taking part in that sexual act.

A person who commits an offence against subsection (1) is liable to level 4 imprisonment (15 years maximum).

A may commit an offence against subsection (1) even if B is not aware of the application of force by A.

Whether or not A reasonably believes that B would consent to taking part in a sexual act depends on the circumstances.

A's belief that B would consent to a sexual act is not reasonable if A does not say or do anything to find out whether B would consent to the sexual act.

Subsection (3B) does not apply if—

A has a cognitive impairment or mental illness (other than the effects of intoxication that is self-induced within the meaning of section 36B); and

that cognitive impairment or mental illness is a substantial cause of A not saying or doing anything to find out whether B would consent to the sexual act.

A bears the burden of proving on the balance of probabilities the matters referred to in subsection (3C).

Force for the purposes of subsection (1) may be applied—

directly or indirectly; or

to the body of, or to clothing or equipment worn by, B.

In subsection (1)—

application of heat, light, electric current or any other form of energy; and

application of matter in solid, liquid or gaseous form.