Sexual penetration in Victoria is defined at s35A of the Crimes Act , as the insertion, to any extent, of an object or of any part of the body most commonly the penis or digits , into the vagina or anus of a person. Penetration can also include the introduction of the penis into the mouth of another person. The broader definition of sexual penetration as it appears in the Crimes Act at section 35A is inclusive of all body parts and objects which includes more commonly the penis, the tongue, the digits or an object.
This last part covers a scenario where consent may initially be given in relation to sexual penetration but is withdrawn in circumstances where penetration continues. The purpose here is to make it plain that although penetration has already occurred, the act of penetration is considered to be a continuing action. It is noteworthy in relation to old offending, that is offending that occurred prior to the introduction of the Crimes Sexual Offences Act , that certain acts that would now constitute sexual penetration, did not constitute sexual penetration at that time.
Consequently charges that arise from that period involving particularly types of penetration will only attract the charge of indecent assault as opposed to the more serious charge of rape where there is a lack of consent. Prior to 1 March of sexual penetration only included penetration of the vagina with the penis.
A sexual act was not considered a penetrative act if it involved digital penetration of the vagina or penile penetration of the mouth or the anus.
After and until , the definition of sexual penetration was widened to include penetration of the mouth by the penis, penile penetration of the anus and penetration of the vagina or anus with an object other than another body part. After , the definition of sexual penetration was widened again to include penetration of the vagina or anus with a body part which included digital penetration.
