Authors Note - All Italics fonts represent personal interpretations, and do not constitute actual parts of the Crimes Act of 1958.

Section 36 - Additional conduct that constitutes rape

(1) Without affecting the conduct which constitutes rape at common law, it is also rape if a person -

1. introduces his penis into the mouth or anus of another person in circumstances in which the introduction of the penis of a person into the vagina of another person would be rape at common law; or
2. introduces a part of his or her body (other than the penis) into the vagina or anus of another person in the circumstances described in paragraph (a); or
3. introduces an object into the vagina or anus of another person in the circumstances described in paragraph (a); or
4. does not withdraw -

1. his penis from the vagina, anus or mouth of another person; or
2. a part of his or her body (other than the penis) from the vagina or anus of another person; or
3. an object being manipulated by him or her from the vagina or anus of another person -

(2) For the purpose of paragraphs (a), (b) and (c) of sub-section (1) introduction to any extent is sufficient (in other words, the slightest unconsented contact would be classified as rape).

(3) It is not necessary to prove the emission of semen in order to prove rape of any kind (This would exist to cover the use of other objects, including parts of the body).

1. Consent to conduct that would otherwise constitute rape or indecent assault is of no effect if it was obtained by a false representation that the conduct was of a medical or hygienic purpose (Consent under false pretences as those that may be granted to medical practitioners).
2. Nothing in this section prevents consent to conduct which would could otherwise constitute rape or indecent assault from being regarded at common law as having no effect because it was obtained under a mistake.

1. For the purpose of this Act an act of sexual penetration is -

1. the introduction by a person of his penis into the vagina, anus or mouth of another person, whether or not there is emission of semen; or
2. the introduction by a person of a part of his or her body (other than the penis) into the vagina or anus of another person (notice the absence in reference to the mouth?), otherwise than in the course of an appropriate and generally accepted medical or hygienic procedure; or
3. the introduction by a person of an object into the vagina or anus of another person, otherwise than in the course of an appropriate and generally accepted medical or hygienic procedure (Obtained or provided under legitimate medical reasons and not false pretences).

1. For the purpose of subsection (1) introduction to any extent is sufficient.
2. Both persons are, for the purpose of this Act, taking part in an act of sexual penetration.

1. For the purpose of the law relating to rape and indecent assault there are aggravating circumstances only if -

1. the offender has with him or her -

1. a firearm, or
2. an imitation firearm; or
3. an offensive weapon (a knife, baton, chemical etc.); or
4. an explosive; or
5. an imitation explosive -

1. immediately before or during or immediately after the commission of the offence and at, or in the vicinity of, the place where the offence was committed -

1. the offender inflicts serious personal violence on the victim or another person; or
2. the offender does an act which is likely to seriously and substantially degrade or humiliate the victim; or
3. the offender is aided or abetted by another person who is present.

1. The judge presiding at a trial which a person is found guilty of -

1. rape; or
2. an attempt to commit rape; or
3. assault with intent to commit rape; or
4. indecent assault -

1. A judge may give a direction under sub-section (2) if satisfied that the accused had previously been convicted (under this Act or any corresponding previous enactment or at common law) of -

1. rape (with or without aggravating circumstances); or
2. rape with mitigating circumstances; or
3. an attempt to commit rape (with or without aggravating circumstances); or
4. assault with intent to commit rape (with or without aggravating circumstances); or
5. indecent assault (with or without aggravating circumstances).

1. A judge may give a direction under sub-section (2) even if the accused pleaded guilty.
2. A person in respect of whom a direction is given under sub-section (2) must for all purposes be taken to have been found guilty of the offence with aggravating circumstances and is liable to punishment accordingly.

In 1991 the Crimes (Rape) Act was introduced following the release of a comprehensive set of reports dealing with the reform of Victorian rape laws. The act made a number of significant changes to the procedural and evidentiary rules governing court proceedings in relation to sexual offenses, as well as a number of substantive reforms to sexual offence laws. These amendments were particularly focused on events that pertained to procedures involving children and victims with impaired mental functioning. Other substantive changes that it introduced regarding laws and their relation to victims included:

• the expansion of physical circumstances of rape to include digital penetration;
• defining rape to include a continuation of penetration after consent is withdrawn;
• preventing judges giving corroboration warning to juries that complainants in sexual assault cases are an unreliable class of witness;
• requiring judges to warn juries that a delay in making the complaint does not mean that allegation is false, and that the complaint may have good reason for delaying a complaint;
• providing judges with discretionary power to close the courtroom so as to protect the complainant from undue distress or embarrassment.

Once the Crimes (Rape) Act of 1991 was introduced (1992), it incorporate many changes. In brief it:

• redefined 'consent' as a 'free agreement' between individuals, and further included a range of 'vitiating circumstances' in which a person cannot be regarded as freely agreeing to a sexual act;
• required judges to direct juries that if no act or voicing was made that indicated 'consent', then there existed no 'free agreement'; and that a person cannot be considered as 'freely agreeing' just because they did not resist (vocally or physically) or suffer physical injury; or that on an earlier occasion, agreed to engage in another sexual act with that person, or a sexual act with another;
• held that 'the belief' (mens rea) of consent should be considered, though it required judges to to instruct juries to consider if this 'belief' was reasonable or simply ill thought when taking into account all the circumstances surrounding the situation;
• restricted the admissibility of sexual history evidence (under sections 37A) of the Evidence Act 1958 to include prior sexual history with the accused;
• introduced new avenues for introducing evidence (for instance television screens) for certain adult victims;
• created a new maximum penalty of 25 years imprisonment for rapists.