According to Article 268 13 of Australian Criminal Law, the maximum penalty for rape is 25 years' imprisonment. Foreigners who commit crimes in Australia must be tried in accordance with Australian criminal law unless they have diplomatic immunity.
As for whether to be tried after returning to China, it depends on the nationality and law of the person. ? If this person is from China, according to China's criminal law, rape is a crime with a statutory sentence of more than three years, and criminal responsibility should be investigated in both China and Australia. Therefore, this person will still be investigated for criminal responsibility according to the criminal law after returning to China. However, if this person has been punished in Australia, China can waive or mitigate the punishment.
Extended data
If China citizens commit rape in Australia, China will be tried locally according to local laws, and also have personal jurisdiction according to the Criminal Law of People's Republic of China (PRC). However, if the maximum penalty stipulated in China's criminal law is fixed-term imprisonment of not more than three years, it may not be investigated.
In addition, it is stipulated that China's criminal law is applicable to state functionaries and soldiers who commit crimes stipulated in China's criminal law outside the territory of People's Republic of China (PRC).
In addition, although after a foreign trial, it can still be investigated in accordance with China's criminal law, but those who have been punished in foreign countries can be exempted or mitigated.