Skip to content
  • +61 3 8644 7320
  • Email
  • 7am to 12 Midnight Phone Service
  • Make a Booking
  • 中文
  • Locations
  • Contact
Search
Close
  • +61 3 8644 7320
  • 7am to Midnight Phone Service
  • 中文
Search
Close
  • 中文
Search
Close
  • +61 3 8644 7320
  • 7am to Midnight Phone Service

Phone Appointments and Video Conferences Available

IMPORTANT COVID-19 COURT NEWS UPDATE
Dribbin & Brown Criminal Lawyers
  • Legal Services
  • Our Lawyers
  • Criminal Defences
  • The System
  • Sentences
  • Blog
  • Locations
  • Contact
Menu
  • Legal Services
  • Our Lawyers
  • Criminal Defences
  • The System
  • Sentences
  • Blog
  • Locations
  • Contact

What is Digital Penetration?

  • First Published August 13, 2020
  • by Mike Brown
  • Last Updated October 2, 2020

Digital penetration is just one form of sexual penetration. Digital penetration as it sounds refers to the use of the digits, that is, the fingers, the thumbs or the toes to sexually penetrate the vagina or anus of a person. The specific definition of digital penetration can be extracted from the broader definition of sexual penetration defined at section 35A of the Crimes Act 1958 and can be explained as follows;

A person (A) digitally penetrates another person (B) if A introduces their finger/s, thumbs or toes (to any extent) into the vagina of B.

A person (A) digitally penetrates another person (B) if A introduces their finger/s, thumbs or toes (to any extent) into the anus of B.

What is sexual penetration?

The broader definition of sexual penetration as it appears in the Crimes Act 1958 at section 35A is inclusive of all body parts and objects which includes more commonly the penis, the tongue, the digits or an object.

Sexual penetration

(1)     A person (A) sexually penetrates another person (B) if—

(a)     A introduces (to any extent) a part of A’s body or an object into B’s vagina; or

(b)     A introduces (to any extent) a part of A’s body or an object into B’s anus; or

(c)     A introduces (to any extent) their penis into B’s mouth; or

(d)     A, having introduced a part of A’s body or an object into B’s vagina, continues to keep it there; or

(e)     A, having introduced a part of A’s body or an object into B’s anus, continues to keep it there; or

(f)     A, having introduced their penis into B’s mouth, continues to keep it there.

It is often thought by people in the general community that digital penetration is not as serious as other forms of penetration. It is true to say that up until 1991 digital penetration could only form the basis for the lesser charge of indecent assault but that has all changed now with the introduction of section 35 of the Crimes Act 1958.

Further to the legislative changes the Court of Appeal in R v Lomax [1998] 1 VR 551 has ruled that there is no hierarchy of penetration in Victoria making one form of penetration more or less serious than another. What this means is that whether someone penetrates another with their penis or digit does not mean the penetration is more or less serious. When assessing the gravity of a penetrative act all the facts of the case must be considered. When assessing the gravity of a penetrative act involving a digit one might consider that a digital penetration does not carry the same risk of injury, infection or risk pregnancy when compared to a penetrative act involving a penis.  But these are merely examples of what might be considered  when looking at the surrounding circumstances. To make a proper assessment you need to consult a lawyer.

It is also relevant to consider that in the more recent case of DPP v Shrestha [2017] VSCA 364 the Court of Appeal expressed the need to uplift sentences involving digital penetration.

So as you can see the complexities are clear, as is the need to engage a competent criminal defence lawyer to assist you if you have been charged or are about to be interviewed. Dribbin & Brown have handled hundreds of cases involving digital penetration. Consideration of the finer nuances of the evidence, consideration of what is said on a record of interview and meticulous preparation are all so important to achieving the right outcome. If you are facing charges or being asked to attend an interview you should engage our office to assist you.

To read a recent case study involving a rape and digital penetration follow the link. To read more about our firms experience with sex offences follow the link.

  • Criminal Lawyers Melbourne
PrevThe Effect of the COVID-19 Emergency on the Victorian Criminal Law System
  • Law Institute Accredited Specialist Criminal Lawyers
  • Legal Aid enquiries welcome
  • Over 100 years firm experience practising as traffic lawyers and criminal defence lawyers
specialist criminal solicitor warning
Do not ask any firm to act on your behalf in relation to a criminal or traffic law offence unless they specialise in criminal or traffic law.
  • Law Institute Accredited Specialist Criminal Lawyers
  • Legal Aid enquiries welcome
  • Over 100 years firm experience practising as traffic lawyers and criminal defence lawyers
specialist criminal solicitor warning
Do not ask any firm to act on your behalf in relation to a criminal or traffic law offence unless they specialise in criminal or traffic law.

What Our Clients Say

Grant B
I phoned Michael Brown of Dribbin and Brown after total disappointment in another criminal lawyer firm... In my situation that required communication, information and a great deal of understanding,...
Sam B
Thank you for your outstanding service.... A great result for us...
Michael S
Dear Rebeca, Thank you again for your support and guidance over the past six months, it is my belief that Dribbin and Brown went far beyond there charter when...
Adrian W
A big thank you Dave. You made it seamless. You are a quality egg and hopefully I'll see you again under different circumstances. All the best!
...
Mike! Jacqui was great! Re my drive whist suspended charge, I held my license with a small fine to be payed in 4 months! Can't thank you enough! Thanks for...
Ross M
Dear Dave, Just a follow up thanks for your professional service & presentation yesterday – very happy with the outcome and the comments from the Magistrate. Thanks again, and...
Haley M
We cannot thank you enough, it still doesn't feel real to us yet as it has caused a lot of strain and stress over a very long period of...
Russell P
Dear David and Team I would like to “Thank You” for a job well done. The result, from the trial was truly amazing. I very much appreciated your courtesy, professionalism...
Yvonne and Peter Braithwaite
Thanks for your excellent work for Yvonne last Friday. Your courtesy, empathy and professionalism was greatly appreciated. All the best for the future.
Maria
Many thanks for the wonderful support I received from David Dribbin as he represented me in court today. It was an extremely emotional experience for me and without judgement...
Helen and Lingbo Yang
Thank you for your support and help of Lingbo’s case for these days and everything is going smoothly. The outcome is better than we expected because of your rich...

Need help? Call our 7am to Midnight Phone Service on +61 (03) 8644 7333

Dribbin & Brown Criminal Solicitors Melbourne

Facebook
Twitter

© 2019 Dribbin & Brown

Melbourne – 03 8644 7320
13/200 Queen St
Melbourne Vic 3000

Frankston – 03 8644 7322
8/395-399 Nepean Hwy
Frankston VIC, 3199

Ballarat – 03 8644 7310
Armstrong House
17 Armstrong Street South
Ballarat Central VIC, 3350

Dandenong – 03 8644 7315
1a/147 Foster St
Dandenong, VIC, 3175

Moorabbin – 03 8644 7328
Level 1, 441 South Rd
Moorabbin, Vic, 3189

Ringwood – 03 8644 7325
7/2 Nelson St
Ringwood VIC 3134

Geelong – 03 8644 7300
Suite 1, 27-31 Myers Street
Geelong Vic 3220

Dribbin & Brown

  • About Us
  • What We Do
  • The System
  • Criminal Defences
  • Sentences
  • Criminal Lawyers Blog
  • Client Testimonials

Melbourne – 03 8644 7320
13/200 Queen St
Melbourne Vic 3000

Frankston – 03 8644 7322
8/395-399 Nepean Hwy
Frankston VIC, 3199

Ballarat – 03 8644 7310
Armstrong House
17 Armstrong Street South
Ballarat Central VIC, 3350

Dandenong – 03 8644 7315
1a/147 Foster St
Dandenong, VIC, 3175

Moorabbin – 03 8644 7328
Level 1, 441 South Rd
Moorabbin, Vic, 3189

Facebook
Twitter

Ringwood – 03 8644 7325
7/2 Nelson St
Ringwood VIC 3134

Geelong – 03 8644 7300
Suite 1, 27-31 Myers Street
Geelong Vic 3220

© 2019 Dribbin & Brown

Dribbin & Brown

  • About Us
  • What We Do
  • The System
  • Criminal Defences
  • Sentences
  • Criminal Lawyers Blog
  • Client Testimonials
7am to Midnight Phone Service: +61 (03) 8644 7333  Contact Us | Book An Appointment
Privacy Policy | Disclaimer | Traffic Lawyers Melbourne

7am to 12am Phone Service: +61 (03) 8644 7333
Contact Us | Book An Appointment
Privacy Policy | Disclaimer | Traffic Lawyers Melbourne