Victorian Numbered Acts Victorian Numbered Acts(1) In section 321N(2)(b) of the Crimes Act 1958 , after "(b)" insert "subject to subsection (2A),".
(2) After section 321N(2) of the Crimes Act 1958 insert —
"(2A) For the purposes of subsection (2)(b), in the case of an attempt to commit an offence against section 38 (rape), section 39 (rape by compelling sexual penetration), section 40 (sexual assault) or section 41 (sexual assault by compelling sexual touching), instead of the element of the offence referred to in section 38(1)(c), 39(1)(c), 40(1)(d) or 41(1)(d), it must be proved that at the time of the attempt the person (A) does not reasonably believe that the person against whom the offence is to be committed (B) would consent to the penetration or the touching (as the case requires).".