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

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

 

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

 

Five elements the prosecution must prove beyond reasonable doubt:

  1. The complainant sexually penetrated a person; and
  2. The accused compelled the complainant to sexually penetrate that person; and
  3. The accused intended to compel the complainant to sexually penetrate that person; 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 a person?

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 that person?

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 that person?

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 go to 5.2

 5.1 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, 3 and 4)

Last updated: 22 June 2016

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)

7.3.2.10 - 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)