Section 128 — Crimes Act 1961: Sexual violation defined

128 Sexual violation defined (1) Sexual violation is the act of a person who— (a) rapes another person; or (b) has unlawful sexual connection with another person. (2) Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B's genitalia by person A's penis,— (a) without person B's consent to the connection; and (b) without believing on reasonable grounds that person B consents to the connection. (3) Person A has unlawful sexual connection with person B if person A has sexual connection with person B— (a) without person B's consent to the connection; and (b) without believing on reasonable grounds that person B consents to the connection. (4) One person may be convicted of the sexual violation of another person at a time when they were married to each other. Section 128 was substituted, as from 1 February 1986, by section 2 Crimes Amendment Act (No 3) 1985 (1985 No 160). Subsection (2) was amended, as from 1 July 1994, by section 2 Crimes Amendment Act 1994 (1994 No 27) by substituting the word “ genitalia ” for the word “ vagina ” . Subsection (4) was amended, as from 26 April 2005, by section 7 Relationships (Statutory References) Act 2005 (2005 No 3) by inserting the words “ , or in a civil union or de facto relationship with, ” after the words “ married to ” . Subsection (5)(a) was amended, as from 1 July 1994, by section 2 Crimes Amendment Act 1994 (1994 No 27) by substituting the word “ genitalia ” for the word “ vagina ” . Section 128 was substituted, as from 20 May 2005, by section 7 Crimes Amendment Act 2005 (2005 No 41). See sections 12 and 13 of that Act for the transitional provisions.