Crimes Act 1958 (Victoria)

The Crimes Act 1958 (Vic) is the principal criminal statute in Victoria, codifying a wide range of offences, including; homicide, sexual and violent crimes, property offences, and various forms of abuse, while incorporating contemporary principles of consent, mental health defences, and protections for vulnerable persons.

The Act prohibits female genital mutilation (FGM) in Victoria, including taking a person out of Victoria for the purpose of undergoing FGM. Consent is not a defence, and the maximum penalty for performing or facilitating FGM is 15 years’ imprisonment. However, FGM is not a crime if it is done by a medical professional for genuine health reasons, to treat a woman during or after childbirth, or as part of gender affirmation surgery.

In Victoria, a woman may be found guilty of infanticide rather than murder if, at the time of causing the death of her child, she was affected by a mental disturbance resulting from childbirth and had not fully recovered within the previous two years. The maximum penalty is five years. A woman charged with murder may instead be convicted of infanticide. The Act also defines serious injury to include the unlawful destruction of a foetus. Intentionally causing such injury in circumstances of gross violence carries a maximum penalty of 20 years, while reckless conduct in similar circumstances carries up to 15 years.

The Act criminalises sexual offences including rape, which occurs when a person intentionally sexually penetrates another without consent and without a reasonable belief in consent. Compelling sexual penetration is also treated as rape. Sexual assault occurs when a person intentionally and sexually touches another without consent and without a reasonable belief in consent. The maximum penalties are 25 years for rape and 10 years for sexual assault. The Act also includes offences such as compelling sexual touching and assault with intent to commit a sexual offence.

Stalking is defined broadly to include following, surveilling, repeated contact, posting content online, and other behaviour intended to cause harm or fear, including psychological harm or fear for one’s safety. The offence applies where the victim or perpetrator is in Victoria, regardless of where the conduct occurred. Stalking carries a maximum penalty of 10 years’ imprisonment.

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  • 2025

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