Section 132 criminalises sexual acts other than intercourse between two people of the same sex, with a maximum penalty of ten years imprisonment. This provision applies equally to such acts between men and between women.1
Types of criminalisation
- Criminalises sex between men
- Criminalises sex between women
Commonwealth member state
1. Criminal Code 2004, Section 132 Gross Indecency
(2) Subsection (1) does not apply to an act of gross indecency committed in private between an adult male person and an adult female person, both of whom consent
(3) For the purposes of subsection (2)—
(a) an act shall be deemed not to have been committed in private if it is committed in a public place; and
(b) a person shall be deemed not to consent to the commission of such an act if—
(i) the consent is extorted by force, threats or fear of bodily harm or is obtained by false and fraudulent representations as to the nature of the act;
(ii) the consent is induced by the application or administration of any drug, matter or thing with intent to intoxicate or stupefy the person; or
(iii) that person is, and the other party to the act knows or has good reason to believe that the person is suffering from a mental disorder.
(4) In this section “gross indecency” is an act other than sexual intercourse (whether natural or unnatural) by a person involving the use of the genital organs for the purpose of arousing or gratifying sexual desire.” Full text.
2. Criminal Code 2004, Section 133 Buggery
(a) life, if committed with force and without the consent of the other person;
(b) ten years, in any other case.
(2) Any person who attempts to commit buggery, or commits an assault with intent to commit buggery, commits an offence and is liable to imprisonment for 5 years.
(3) In this section “buggery” means sexual intercourse per anus by a male person with another male person.” Full text.