7.3.2.4 - Checklist: Rape (1/1/08 – 30/06/15)

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[This checklist can be used where the offence is alleged to have been committed between 1 January 2008 and 30 June 2015.]

Four elements the prosecution must prove beyond reasonable doubt:

1. The accused sexually penetrated the complainant in the way alleged; and

2. The accused intended to sexually penetrate the complainant; and

3. The complainant did not consent to the sexual penetration; and

4. The accused was aware that the complainant was not or might not be consenting or was not giving any thought to whether the complainant was not or might not be consenting.

 

The Accused’s Acts

1. Did the accused sexually penetrate the complainant in the way alleged?

If Yes then go to 2

If No, then the accused is not guilty of Rape

Intention

2. Did the accused intend to sexually penetrate the complainant?

If Yes then go to 3

If No, then the accused is not guilty of Rape

Consent

3. Did the sexual penetration occur without the complainant’s consent?

If Yes then go to 4

If No, then the accused is not guilty of Rape

The Accused’s State of Mind

4. At the time of sexual penetration:

4.2 Was the accused aware that the complainant was not consenting or that s/he might not be consenting?

If Yes then the accused is guilty of Rape (as long as you have answered yes to Questions 1, 2 and 3)

If No, then go to 4.2

4.2 Was the accused giving any thought to whether or not the complainant was consenting?

If Yes, then the accused is not guilty of Rape

If No then the accused is guilty of Rape (as long as you have answered yes to Questions 1, 2 and 3)

 

 

Last updated: 18 March 2008 

See Also

7.3.2 - Rape (From 1/1/92)

7.3.2.1 - Charge: Rape (From 1/07/15)

7.3.2.2 - Checklist: Rape (From 1/07/15)

7.3.2.3 - Charge: Rape (1/1/08 - 30/06/15)

7.3.2.5 - Charge: Rape (Pre-1/1/08)

7.3.2.6 - Checklist: Rape (Pre-1/1/08)

7.3.2.7 - Charge: Compelled Rape (1/1/08 - 30/6/15)

7.3.2.8 - Checklist: Rape - Compulsion to Penetrate the Accused (1/1/08 - 30/6/15)

7.3.2.9 - Checklist: Rape - Compulsion to Penetrate Another Person (1/1/08 - 30/6/15)

7.3.2.10 - Charge: Compelled Rape (1/12/06 - 31/12/07)

7.3.2.11 - Charge: Compelled Rape (Pre-1/12/06)

7.3.2.12 - Checklist: Rape - Compulsion to Penetrate the Accused (Pre-1/1/08)

7.3.2.13 - Checklist: Rape - Compulsion to Penetrate Another Person (Pre-1/1/08)