SUBDIVISION 032 NON-ASSAULTIVE SEXUAL OFFENCES
Offences of a sexual nature, or intent thereof, against another person that do not involve physical contact with the person and where the 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 the age of the victim, and the type of non-assaultive sexual offence.
Offences in this subdivision are classified into the following groups:
0321 Non-assaultive sexual offences against a child
0322 Child pornography offences
0323 Sexual servitude offences
0329 Non-assaultive sexual offences, nec
0321 Non-assaultive sexual offences against a child
Offences of a sexual nature, or intent thereof, against a person under the age of 16 years that involve the presence of that person but not physical contact with that person.
Inclusions:
Procure a child for prostitution/pornography
‘Grooming’ offences, including those offences where a carriage service is used to groom (e.g. cultivate an inappropriate online relationship with a child or children)
Force a minor to witness an act of sexual intercourse
Exclusions:
Produce (not involving the presence of the child depicted), possess, distribute or display child pornography. These are coded to Group 0322, Child pornography offences.
Offences involving physical contact. These are coded to Group 0311, Aggravated sexual assault.
Sexual servitude offences. These are coded to Group 0323, Sexual servitude offences.
Carnal knowledge. These are coded to Group 0311, Aggravated sexual assault.
0322 Child pornography offences
The production, possession, distribution or display of pornographic or abusive material of a child under the age of consent in written, photographic, film, video, digital or other format.
Exclusions:
The direct assault of a child. These are coded to Group 0211, Serious assault resulting in injury; or Group 0212, Serious assault not resulting in injury.
The direct sexual assault of a child. These are coded to Group 0311, Aggravated sexual assault.
Procure a child for prostitution/pornography. These are coded to Group 0321, Non-assaultive sexual offences against a child.
Produce, possess, distribute or display controlled or other pornographic material (excluding child pornography). These are coded to Group 1323, Censorship offences.
Carnal knowledge. These are coded to Group 0311, Aggravated sexual assault.
0323 Sexual servitude offences
A person who provides sexual services and who, because of the use of force or a threat, is not free to:
- stop providing sexual services;
- decline to provide sexual services; or
- leave the place or area where the person provides sexual services.
Inclusions:
Debt bondage
Operate a sexual servitude business
People trafficking involving sexual servitude
Coercive behaviour such as threat of deportation if a person refuses sexual services
Exclusions:
Prostitution offences. These are coded to Group 1324, Prostitution offences.
Sexual assault not involving sexual servitude. These are coded to Group 0311, Aggravated sexual assault; or Group 0312, Non-aggravated sexual assault.
People trafficking not involving sexual servitude. These are coded to Group 1543, Immigration offences.
Unlawful confinement of a person against that person's will, or against the will of any parent, guardian or other person having lawful custody or care of that person, and not involving the taking away of the person. These are coded to Group 0521, Deprivation of liberty/false imprisonment.
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
Wilful exposure
