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7.3.5.2 - Checklist: Sexual Assault (From 1/7/15)

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

[This checklist can be used for a charge of sexual assault allegedly committed on or after 1 July 2015]

Four elements the prosecution must prove beyond reasonable doubt:

  1. The accused intentionally touched the complainant; and
  2. The touching was sexual; and
  3. The complainant did not consent to the touching; and
  4. The accused did not reasonably believe that the complainant consented to the touching.

 

Touching

1. Did the accused intentionally touch the complainant?

If Yes then go to 2

If No, then the accused is not guilty of Sexual Assault

Sexual

2. Was the touching sexual?

Consider – What was the area of the body touched, did the accused get sexual gratification from the touching or did other circumstances make the touching sexual

If Yes then go to 3

If No, then the accused is not guilty of Sexual Assault

Sexual Assault Consent

3. Did the touching occur without the complainant’s consent?

If Yes then go to 4

If No, then the accused is not guilty of Sexual Assault

The Accused’s State of Mind

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

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

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

If No, go to 4.2

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

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

If No, go to 4.3

4.3 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 Sexual Assault (as long as you have answered yes to Questions 1, 2 and 3)

If No, then the accused is not guilty of Sexual Assault

Last updated: 30 November 2015

See Also

7.3.5 - Sexual Assault (From 1/7/15)

7.3.5.1 - Charge: Sexual Assault (From 1/7/15)