Criminal Code Act 1983 (Northern Territory)

Following significant reforms introduced by the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023, sexual offences in the Northern Territory are now governed by Part VIA of the Criminal Code Act 1983. Consent is defined as a person’s free and voluntary agreement to sexual activity. The Act sets out specific circumstances in which consent does not exist, such as when a person is coerced, fearful, unconscious, incapable of understanding the act, or operating under a mistaken belief about the act or the identity of the other person. Marriage does not imply consent, and self-induced intoxication is not a defence.

A person commits the offence of sexual intercourse without consent (formerly referred to as rape) if they intentionally engage in sexual intercourse knowing the other person does not consent, are reckless as to whether they consent, or lack a reasonable belief in consent. Recklessness includes failing to give any thought to whether the other person is consenting. Courts must consider all relevant circumstances, including any steps taken by the accused to determine consent. The offence carries a maximum penalty of life imprisonment, with attempted offences punishable by up to 25 years in aggravated cases. Related offences include compelling sexual acts, gross indecency, indecent touching, and a range of strict liability offences against children, including those under the age of 14 for whom absolute liability applies.

The Code also criminalises unlawful stalking, which includes repeated or combined behaviours such as following, contacting, loitering, interfering with property, distributing offensive material, or engaging in surveillance, where the conduct causes physical or mental harm or fear for safety. To be guilty, the accused must have intended (or reasonably known) that their behaviour would likely induce fear or harm. The base penalty is two years’ imprisonment, increasing to five years if the conduct breaches a court order, bail conditions, or involves possession of a weapon.

Specific provisions also prohibit female genital mutilation. FGM is defined as the excision, infibulation, or other mutilation of female genitalia. It is an offence to perform, attempt, or arrange FGM, including removing someone from the NT for that purpose. A penalty of up to 14 years' imprisonment applies. FGM is not an offence when performed by a qualified medical professional for genuine therapeutic purposes or as part of gender reassignment. Consent of the victim or guardian is not a defence.

Topics

• Female genital mutilation or female genital cutting
• Sexual violence and rape
• Stalking

Geographical location

• Australia and Oceania
• Australia
• Northern Territory

Keywords

• marital rape
• criminal law and procedure
• consent

Year

• 2024

External URL

• Criminal Code Act 1983 (Northern Territory)

Type

• Legislation

Jurisdiction

• Northern Territory