Section 129A — Crimes Act 1961: Sexual conduct with consent induced by certain threats

129A Sexual conduct with consent induced by certain threats (1) Every one who has sexual connection with another person knowing that the other person has been induced to consent to the connection by threat is liable to imprisonment for a term not exceeding 14 years. (2) Every one who does an indecent act on another person knowing that the other person has been induced to consent to the act by threat is liable to imprisonment for a term not exceeding 5 years. (3) For the purposes of subsection (1) , a person who has sexual connection with another person knows that the other person has been induced to consent to the sexual connection by threat if (and only if) he or she knows that the other person has been induced to consent to the sexual connection by an express or implied threat of a kind described in subsection (5) . (4) For the purposes of subsection (2) ,— (a) a person who does an indecent act on another person knows that the other person has been induced to consent to the act by threat if (and only if) he or she knows that the other person has been induced to consent to the act by an express or implied threat of a kind described in subsection (5) ; and (b) a person is induced to consent to an indecent act whether— (i) he or she is induced to consent to the doing of an indecent act with or on him or her; or (ii) he or she is induced to consent to do an indecent act himself or herself. (5) The kinds of threat referred to in subsections (3) and (4)(a) are— (a) a threat that the person making the threat or some other person will commit an offence that— (i) is punishable by imprisonment; but (ii) does not involve the actual or threatened application of force to any person; and (b) a threat that the person making the threat or some other person will make an accusation or disclosure (whether true or false) about misconduct by any person (whether living or dead) that is likely to damage seriously the reputation of the person against or about whom the accusation or disclosure is made; and (c) a threat that the person making the threat will make improper use, to the detriment of the person consenting, of a power or authority arising out of— (i) an occupational or vocational position held by the person making the threat; or (ii) a commercial relationship existing between the person making the threat and the person consenting. Section 129A was inserted, as from 1 February 1986, by section 2 Crimes Amendment Act (No 3) 1985 (1985 No 160). Subsection (2) was amended, as from 6 November 1986, by section 2 Crimes Amendment Act (No 4) 1986 (1986 No 82) by substituting the expression “ 128(5) ” for the expression “ 128(3) ” . Subsection (3) was inserted, as from 2 July 1999, by section 4 Crimes (Home Invasion) Amendment Act 1999 (1999 No 75). Subsection (3) was repealed, as from 30 June 2002, by section 164(b) Sentencing Act 2002 (2002 No 9). See sections 148 to 160 Sentencing Act 2002 (2002 No 9) for the savings and transitional provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176). Section 129A 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.