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

Click here to obtain a Word version of this document for adaptation.

 

Rape: Compulsion to Penetrate the Accused

[This checklist can be used where the offence is alleged to have been committed on or after 1 January 2008, regardless of the date the trial commenced.]

Five elements the prosecution must prove beyond reasonable doubt:

  1. The complainant sexually penetrated the accused; and
  2. The accused compelled the complainant to sexually penetrate him/her; and
  3. The accused intended to compel the complainant to sexually penetrate him/her; and
  4. The complainant did not consent to the sexual penetration; and
  5. The accused was aware that the complainant was not consenting or might not be consenting or was not giving any thought to whether the complainant was not or might not be consenting.

 

Sexual Penetration

1. Did the complainant sexually penetrate the accused?

If Yes then go to 2

If No, then the accused is not guilty of rape

Compulsion

2. Did the accused compel the complainant to sexually penetrate him/her?

If Yes then go to 3

If No, then the accused is not guilty of rape

Intention

3. Did the accused intend to compel the complainant to sexually penetrate him/her?

If Yes then go to 4

If No, then the accused is not guilty of rape

Consent

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

If Yes to go 5

If No, then the accused is not guilty of rape

The Accused’s State of Mind

5. At the time of sexual penetration:

5.1 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, 3 and 4)

If No, then the accused is not guilty of rape

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

If Yes, then go to 5.2

If No then the accused is guilty of Rape

(as long as
you have answered yes to Questions 1, 2, 3 and 4)

 

  Last updated: 18 March 2007

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)

7.3.2.4 - Checklist: 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)

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