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In Victoria, the law describing rape was recently changed in order to clarify the concept of consent, to reaffirm the concept of consent, to reaffirm the fundamental right of a person not to engage in sexual activity, and to provide greater protection to complainants.
The laws now cover a range of different forms of abuse of power used to force sexual acts. Rape is defined as occurring when someone does not agree to penetration (to any extent) of the vagina, mouth or anus by a penis, or by another part of the body such as a finger or tongue, or other object, into the anus or vagina. (Vagina includes the external genitalia and surgically constructed vaginas). Failure to withdraw upon becoming aware that a person might not be consenting is also rape. In no case where rape is charged is it necessary to have an emission of semen.
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