Do you have a question about criminal law offences?

IT IS FREE TO ASK
OR
SELECT Y0UR STATE

Rape is simply sexual intercourse without consent

Rape is simply sexual intercourse without consent. Rape is a term used to describe the forced penetration of the vagina or anus of any person with any part of the body of another person, or any object, against their will or consent. It also includes oral sex. In NSW Criminal Law, the term rape is no longer used. It has been replaced by the unisex term, sexual intercourse without consent.

Rape or sexual assault is different from indecent assault. Indecent assault is the touching of a person's body by another person without consent while sexual assault is sexual penetration without consent.

The punishment for sexual assault is imprisonment for 14 years.

Sexual assault may also be committed through the use of fraud or false pretenses (section 66 Crimes ACT). The crucial element in every sexual assault charge is lack of consent. If the person succeeds in having sexual intercourse with another person without the consent of the other person and who knows that the other person does not consent to the sexual intercourse is liable for rape or sexual assault.

Lack of consent has a legal definition. Lack of consent must be proven by the prosecution to sustain a conviction. Lack of consent is dependent on the victim’s state of mind before and during the commission of the offence.

In New South Wales, children under 16 years are not able to give consent or agree to any sexual act or threat. Thus, a person who engages in sexual intercourse with a person under 16 years is presumed to have committed sexual assault unless the defence successfully proves otherwise. 

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

Ask a Question - It Is Free