Sexual Crimes

Question 1

What is the definition of rape?

Answer 1

If a person penetrates to any extent without consent the vagina, anus or mouth.
Including a surgically constructed penis or vagina

Question 2

What is the definition of sexual assault by penetration?

Answer 2

If a person with any part of their body or anything else without consent penetrates the vagina or anus.
Includes penetration by a penis

Question 3

What is the definition of sexual assault?

Answer 3

Sexual penetration of the vagina, anus or mouth
Engages in any other form of sexual activity and has physical contact (bodily contact or contact by means of an implement and whether or not through clothing) with semen ejaculation into or onto a person
Emission of urine or saliva in a sexual manner

Question 4

In what circumstances is consent automatically withheld?

Answer 4

Incapacity due to alcohol or any other substance
Mental/physical incapacity
Age of consent is 16 years old. Anyone under the age of 13 can not legally give consent
Submission due to acts of violence or threat of violence (to the victim or other persons)
Submission due to unlawful detention
Consent given under the guise of impersonation (based on a person known to the victim)
Where a third party has given consent
When the victim is asleep or unconscious

Question 5

What does examination of a rapist or the victim involve?

Answer 5

To establish whether the clinical findings support the history of the incident
Identify clinical evidence that supports the alleged acts have taken place
Collect physical evidence to enable forensic scientists to confirm or refute the allegation
Prophylaxis for pregnancy and STI
Treat any new medical conditions or pre-existing conditions exacerbated by the incident
Psychiatric support
Always have a chaperone for intimate examinations
Document and record