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Division 03 - Sexual Assault and Related Offences

Acts of a sexual nature against another person which are non-consensual or consent is proscribed.

This division is further disaggregated into subdivisions on the basis of whether or not the sexual act involved physical contact with the person.

Offences in this division are classified into the following subdivisions:

031 Sexual Assault
032 Non-Assaultive Sexual Offences

Inclusions:
Deception to procure sex

Exclusions:
Regulated activities governing public order sexual standards (e.g. prostitution, censorship) as these offences do not involve an unwilling victim and therefore do not amount to an assault. These are coded to Subdivision 132, Regulated Public Order Activities

Sexual acts which do not require a specific victim (e.g. indecent exposure, lewdness, prowler). These are coded to Group 1325, Offences Against Public Order Sexual Standards

Consensual homosexual intercourse. Where this is prohibited by legislation it should be coded to Group 1325, Offences Against Public Order Sexual Standards

Sexual act not committed against a person (e.g. bestiality, necrophilia). These are coded to Group 1325, Offences Against Public Order Sexual Standards

Abduction for sexual purposes (where known). This is coded to Group 0511, Abduction and Kidnapping

Physical contact of a sexual nature directed toward another person where that person does not give consent, gives consent as a result of intimidation or fraud, or consent is proscribed (i.e. the person is legally deemed incapable of giving consent because of youth, temporary/permanent (mental) incapacity or there is a familial relationship).

This subdivision is further disaggregated on the basis of whether or not the sexual assault involved aggravated circumstances. Where the existence of aggravating circumstances cannot be determined then 031 applies.

Offences in this subdivision are classified into the following groups:

0311 Aggravated Sexual Assault
0312 Non-Aggravated Sexual Assault

0311 Aggravated Sexual Assault
Sexual assault, as defined in Subdivision 031, Sexual Assault, involving any of the following aggravating circumstances:
• sexual intercourse (i.e. oral sex and/or penetration of either the vagina or anus by any part of the human body or by any object);
• infliction of injury or violence on the person;
• possession/use of a weapon;
• consent proscribed; or
• committed in company (i.e. by two or more persons).

Inclusions:
Incest
Rape
Unlawful sexual intercourse
Unlawful fellatio/cunnilingus
Carnal knowledge

0312 Non-Aggravated Sexual Assault
Sexual assault not involving any of the aggravating circumstances as defined in Group 0311, Aggravated Sexual Assault.

Inclusions:
Indecent assault not involving any aggravating circumstances

Offences of a sexual nature against another person which do not involve physical contact with the person and where the person does not give consent, gives consent as a result of intimidation or fraud, or consent is proscribed (i.e. the person is legally deemed incapable of giving consent because of youth, temporary/permanent (mental) incapacity or there is a familial relationship).

This subdivision is further disaggregated on the basis of the age of the victim.

Offences in this subdivision are classified into the following groups:

0321 Non-Assaultive Sexual Offences Against a Child
0329 Non-Assaultive Sexual Offences, nec

0321 Non-Assaultive Sexual Offences Against a Child
Offences of a sexual nature against a person under the age of 16 years which involve the presence of that person but not physical contact with that person.

Inclusions:
Procuring child for prostitution/pornography
Forcing a minor to witness an act of sexual intercourse

Exclusions:
The production (not involving the presence of the child depicted), possession, distribution or display of child pornography. This is coded to Group 1323, Censorship Offences.
Offences involving physical contact. These are coded to Group 0311, Aggravated Sexual Assault.

0329 Non-Assaultive Sexual Offences, nec
Sexual offences against the person not elsewhere classified in Subdivision 032, Non-Assaultive Sexual Offences.

Inclusions:
Voyeurism
Peeping-tom
Gross indecency