Rape/Theft Flashcards
What is rape defined as?
Sexual penetration without consent
What is the maximum penalty for rape?
25 years imprisonment
Why is rape under reported as a crime?
People wrongly blame themselves and fear that the criminal justice system will not be able to achieve a just outcome
To be found guilty of rape, what must the prosecution prove beyond a reasonable doubt?
At the time of the offence there was sexual penetration, a lack of consent and a lack of reasonable belief
What does a lack of reasonable belief state?
The accused did not reasonably believe that the other person consented to the penetration
What happens if more than one act of rape is committed?
Each will be charged as a separate offence
What are the possible defences to rape?
The victim consented, the accused reasonably believed the victim was consenting or there was no sexual penetration
What percentage of rape complaints led to prosecution in 2016?
35%
What are the main age groups and gender who committed rape?
Age group = 25-34 years
99.5% of offenders are male
What does the data surrounding rape state in terms of imprisonment?
95% of offenders received a term of imprisonment, with a median term of 5 years and maximum of 12
What are the elements of theft?
- The accused was dishonest
- The accused appropriate property belonging to another
- The accused did so with the intention to permanently deprive another of the property
What may the accused argue in regards to the elements in their defence?
They acted honestly, took the item with the owners consent, made a reasonable or honest mistake or borrowed the item with the intention to give it back
