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128A: Allowing sexual activity does not amount to consent in some circumstances
or “Even if someone doesn't say "no" or fight back, they might not be agreeing to do sexual things.”
You could also call this:

“Sexual violation is a serious crime that can lead to jail time, but the judge might consider special situations.”

If you commit sexual violation, you can go to prison for up to 20 years. The court must send you to prison if you are found guilty of sexual violation. However, the court might decide not to send you to prison if they think it’s not the right thing to do after looking at your personal situation and the details of what happened. When making this decision, the court will think about your specific circumstances and the specific details of the offence, including what you actually did.

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Next up: 129: Attempted sexual violation and assault with intent to commit sexual violation

or “This law explains what happens if someone tries to sexually attack you or plans to do it.”
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Part 7 Crimes against morality and decency, sexual crimes, and crimes against public welfare
Sexual crimes

128BSexual violation

  1. Every one who commits sexual violation is liable to imprisonment for a term not exceeding 20 years.

  2. A person convicted of sexual violation must be sentenced to imprisonment unless, having regard to the matters stated in subsection (3), the court thinks that the person should not be sentenced to imprisonment.

  3. The matters are—

  4. the particular circumstances of the person convicted; and
    1. the particular circumstances of the offence, including the nature of the conduct constituting it.

      Notes
      • Section 128B: replaced, on , by section 7 of the Crimes Amendment Act 2005 (2005 No 41).