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

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[This checklist can be used where rape is alleged to have been committed on or after 1 July 2015]

Three elements the prosecution must prove beyond reasonable doubt:

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

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

3. The accused did not reasonably believe that the complainant consented to the sexual penetration.

 

The Accused’s Acts

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

If Yes then go to 2

If No, then the accused is not guilty of Rape

Consent

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

If Yes then go to 3

If No, then the accused is not guilty of Rape

The Accused’s State of Mind

3. At the time of sexual penetration, did the accused reasonably believe that the complainant was consenting?

3.1 Did the accused believe that the complainant was not consenting?

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

If No, go to 3.2

 

3.2 Did the accused not hold a belief that the complainant was consenting? 

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

If No, go to 3.3

3.3 Are you satisfied that even if the accused may have believed that the complainant was consenting, that this belief was not reasonable in the circumstances? 

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

If No, then the accused is not guilty of Rape

 

Last updated: 30 November 2015

See Also

7.3.2 - Rape (From 1/1/92)

7.3.2.1 - Charge: 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)

7.3.2.12 - 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)