Rape will be characterised by sexual penetration by inanimate objects and body parts other than the penis if the state government succeeds in having Criminal Code changes pass through Parliament this year.
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Attorney-General Vanessa Goodwin released draft legislation for public comment on Tuesday, saying it would “modernise rape and penetrative sexual crimes to reflect modern community standards.”
She said the bill would also bring the law into line with the recommendations made in the Australian Law Reform Commission’s Report into Family Violence in relation to penetrative sexual offences.
At present, if a person is violated in ways other than penile penetration, it is not considered rape under Tasmanian law.
The crime is classed as aggravated sexual assault which carries a lesser penalty than rape.
Aggravated sexual assault sentences may attract seven months’ jail time while rape convictions will result in multiple years in jail.
“As the bill broadens the types of penetrative crimes captured by the crime of rape, the existing crime of aggravated sexual assault is no longer required and will be repealed,” Dr Goodwin said.
Labor in November introduced a bill in Parliament which demanded a reclassification of rape under the Criminal Code.
This means that the government’s bill is likely to receive support from the opposition benches and a swift passage through the lower house into the Legislative Council.
Comments on the government’s draft legislation can be sent to the Department of Justice until February 3.
The government will also move to introduce legislation for mandatory sentences for serious child sex offences in Parliament next year.