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Section of the Criminal Code defines the offences of assault and sexual assault. This is because sexually violent crimes are mostly categorised as indictable offences serious offences , as opposed to summary offences minor offences. Section 3 Consent 3 For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of a the application of force to the complainant or to a person other than the complainant; b threats or fear of the application of force to the complainant or to a person other than the complainant; c fraud; or d the exercise of authority. Where belief in consent not a defence Australia[ edit ] Within Australia, the term sexual assault is used to describe a variation of sexual offences. The term "sexual assault" is equivalent to "rape" in ordinary parlance, while all other assaults of a sexual nature are termed "indecent assault". To be liable for punishment under the Crimes Act , an offender must intend to commit an act of sexual intercourse as defined under s 61H 1 while having one of the states of knowledge of non-consent defined under s 61HA 3. In , the Supreme Court of Canada in R. Section Consent is defined in section Where no consent obtained 2 No consent is obtained, for the purposes of sections , and , where a the agreement is expressed by the words or conduct of a person other than the complainant; b the complainant is incapable of consenting to the activity; c the accused induces the complainant to engage in the activity by abusing a position of trust, power or authority; d the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or e the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity. In the state of Victoria, rape is punishable under s 38 of the Crimes Act , with a maximum penalty of 25 years imprisonment. Section criminalizes "Sexual assault", section criminalizes "Sexual assault with a weapon, threats to a third party or causing bodily harm" and section criminalizes " Aggravated sexual assault ". Deauxma lesbian sex

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