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Rape / Digital Rape / Oral Rape

What the law says

Section 349 (2) of the Criminal Code Queensland states:

A person rapes another person if-

  • (a) the person has carnal knowledge with or of the other person without the other persons consent; or
  • (b) the person penetrates the vulva, vagina, or anus of the other person to any extent with a thing or a part of the person's body that is not a penis without the other person's consent; or
  • (c) the person penetrates the mouth of the other person to any extent with the person's penis without the person's consent.

A child under the age of twelve years is not capable of giving consent.

What the police must prove

In order for the Police to prove their case at Court, they must prove
each of the following matters beyond a reasonable doubt.

  1. The accused had sexual intercourse with another person.
  2. The other person did not consent to the sexual intercourse.
  3. The accused knew the other person did not consent to the sexual intercourse.
  4. In some circumstances sexual intercourse may involve circumstances of aggravation.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Maximum penalty

The Maximum penalty for the offences of Rape / Digital Rape / Oral Rape is life imprisonment.

Which court will hear the matter

This matter is indictable which means that it is dealt with in the District Court.

Possible defences

Possible defences to this offence include but are not limited to

  1. Duress
  2. Necessity
  3. Identification ie not the accused
  4. Honest and reasonable belief the complainant was consenting.
  5. Consent by the complainant

Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in rape matters)

 

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