Law Information - Sexual Offences - TAS

Rape

Date: 09/01/2009

The Law -

Criminal Code Act 1924 – SECT 185

185. Rape

(1) Any person who has sexual intercourse with another person without that person's consent is guilty of a crime.

Charge: Rape.

What the prosecution must prove - Rape

(a) The accused sexually penetrated another person.

(b) The accused did so without the consent of the other person.

(c) The act of sexual penetration was intentional by the accused;

(d) At the time of penetration the accused was aware that the victim was not consenting or might not be consenting. Alternatively, after penetration the accused became aware that the victim was not consenting or might not be consenting but did not withdraw on becoming so aware.

The Maximum Penalty for Rape is

The maximum term of imprisonment is 21 years, or fine, or by both such punishments, and will be determined by the judge as he/she thinks fit in the circumstances of each particular case.

Possible Defences - Rape

(a) Consent.

(b) Factual dispute.

(c) Identification dispute.

(d) Lack of intent.

(e) No penetration.

The Court process - Rape

Supreme Court