031 Sexual assault of an adult

Sexual assault involves 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 deception, or where consent cannot legally be given.

This subdivision is for sexual offences against adults, or where it is unknown if the victim was a child or adult. Within this context, definitions of “child” and “adult” are as per the legislation in the jurisdiction where the offence occurred. Definitions may vary between jurisdictions.

Offences where it is unknown whether the victim was a child or adult should be coded to this subdivision. Where the age of the victim is unknown but below the age of consent, the offence should be coded to a group in subdivision 032 Sexual assault of a child.

This group includes offences involving unwanted, unlawful, or attempted, sexual penetration of the vagina, anus, or mouth. It may or may not involve the use of explicit threat or force.

• Assault with intent to rape
• Attempt to commit rape, including “grab and drag” offences
• Drug or poison with intent to rape
• Forced oral sex
• Procure sex through use of deception
• Rape, including oral or digital penetration
• Removal of a condom without consent (“stealthing” offences)
• Unlawful sexual penetration where it is unknown whether the victim was a child or adult
• Other unlawful sexual penetration of an adult

• Non-penetrative sexual assault – coded to 0312 Unlawful sexual contact of an adult
• Rape of a child, including where the age of the child is unknown – coded to 0321 Unlawful sexual penetration of a child

This group is for all non-penetrative sexual assault offences against an adult victim. It includes sexual contact through clothing but excludes non-contact offences.

This group excludes child victims, but includes where it was unknown if the victim was a child or adult.

• Groping or other unwanted sexual contact in public places
• Incitement of sexual assault of an adult
• Indecent assault of an adult
• Sexual touching or non-penetrative sexual assault of an adult
• Threat of rape where there is belief that it will be carried out
• Wilful exposure combined with any physical contact including ejaculating on the victim
• Unlawful sexual contact where it is unknown whether the victim was a child or adult
• Other unlawful sexual contact

• Non-contact sexual offences against adults – coded to the relevant groups in 039 Other sexual offences
• Sexual touching of a child – coded to 0322 Unlawful sexual contact of a child