SUBDIVISION 031 SEXUAL ASSAULT
Physical contact, or intent of contact, of a sexual nature directed toward another person where that person does not give consent, gives consent as a result of intimidation or deception, 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 aggravating 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
Inclusions:
Assault with intent to commit a sexual act
Exclusions:
Sexual assault involving sexual servitude. These are coded to Group 0323, Sexual servitude offences.
Abduction, taking, detention or enticement for sexual purposes (where known). These are coded to the relevant groups within Division 05, Abduction, harassment and other offences against the person.
0311 Aggravated sexual assault
Sexual assault, as defined in Subdivision 031, Sexual assault, that involves any of the following aggravating circumstances:
- sexual intercourse (i.e. oral sex and/or penetration of the vagina or anus by any part of the human body or by any object);
- inflict injury or violence;
- possession/use of a weapon;
- consent proscribed/committed against a child; or
- committed in company (i.e. by two or more persons).
Inclusions:
Incest
Rape
Intent/attempt to commit rape
Administer drugs with intent to rape
Unlawful sexual intercourse
Unlawful fellatio/cunnilingus
Carnal knowledge
Assault with the intent to commit a sexual act
Exclusions:
Abduction, taking, detention or enticement for sexual purposes (where known). These are coded to the relevant groups within Division 05, Abduction, harassment and other offences against the person.
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 that does not involve any aggravating circumstances
Threat of sexual assault
