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Sexual Penetration Without Consent (Rape)

Sexual Offences – WA

Welcome to the WA Sexual Penetration Without Consent (Rape) article page. Everything you need to know about Sexual Penetration Without Consent (Rape) according to WA Law.

What the Law states according to WA Law for Sexual Penetration Without Consent (Rape)

According to WA Law for the charge of Sexual Penetration Without Consent (Rape),

Section 325: A person who sexually penetrates another person without the consent of that person, is guilty of a crime.Sexual penetration means to penetrate the vagina, anus or urethra of any person with any part of the body of another person or with an object manipulated by another person. Sexual penetration also includes engaging in cunnilingus or fellatio.

Section 319 of the Criminal Code defines aggravation: Circumstances of aggravation means circumstances in which during or immediately before or after the act:
(1) The offender was or pretended to be armed with a dangerous or offensive weapon;
(2) The offender was in the company of another person or persons;
(3) The offender does bodily harm to the victim or any person;
(4) The offender does an act which likely to seriously or substantially likely to degrade or humiliate the victim;
(5) The offender threatens to kill the victim; or
(6) The victim is of or over the age of 13 and under the age of 16 years.

The Maximum Penalty – Sexual Penetration Without Consent (Rape)

According to WA Law for the charge of Sexual Penetration Without Consent (Rape), the maximum penalty is 14 years imprisonment. Where the act is done in circumstances of aggravation, the maximum penalty is 20 years.

What the Police must prove according to WA Law for Sexual Penetration Without Consent (Rape)

(1) That there was some form of sexual penetration of the victim;
(2) That the penetration occurred without the victim’s consent; and
(3) That the accused intended to sexually penetrate the victim.

Note that consent cannot be obtained through force, threat, intimidation, deceit or any other fraudulent means.

The fact that a person does not physically resist the act does not in itself constitute consent.

Possible Defences under WA Law – Sexual Penetration Without Consent (Rape)

(a) Consent, identification (ie. The accused is not the person identified as sexually penetrating the victim);
(b) There was no penetration; and
(c) There was no intent.

In WA which court will hear the matter – Sexual Penetration Without Consent (Rape)

The matter would be heard in the District Court.

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