4.2 Rape Flashcards
Punishment for rape?
Life imprisonment
What is the offence of rape?
A person commits an offence if
He intentionally penetrates the vagina anus or mouth of another
With his penis
They do not consent to the penetration
And he does not reasonably believe they consented
In respect to penetrating the vagina what is not needed?
It is not necessary to show that the hymen was routed
What act is penetration?
It is a continuing act
Does it include reconstructed genitalia?
Yes S79(3)
What is consent under S74?
A person consents if he agrees by choice and has the freedom and capacity to make that choice
How does it work with HIV ?
They do not come into consent unless the person has lied and told them they do not have an HIV to gain their consent
Three incidents where the consent is conditional?
The use of a condom
Ejaculation
Gender deception
Under S76 why does consent get withdrawn?
The defendant intentionally deceived the complainant as to the nature or purpose of the relevant act
The defendant intentionally induced the complainant to consent to the relevant act by impersonating a person known personally to the complainant
