Rape Offences Lawyer Melbourne
Rape is a serious crime that involves the sexual penetration of another person without their consent. Sexual penetration can include any activity that involves the insertion of a body part or object into the vagina, anus, or mouth of another person.
Under the Crimes Act 1958, it is an offence to rape another person or to be an accomplice in the rape of another person. The maximum penalty for rape in Victoria is 25 years’ imprisonment.
The elements of the offence of rape are set out in section 38 of the Crimes Act 1958. In order for a person to be found guilty of rape, the Prosecution must prove each of the following elements beyond reasonable doubt:
- The accused sexually penetrated the victim’s vagina, anus, or mouth with their penis or another object;
- The person being sexually penetrated did not consent; and
- The accused did not reasonably believe that the person being penetrated consented to the sexual penetration.
It’s important to note that a person can be found guilty of rape even if the victim did not physically resist the sexual activity. The lack of physical resistance does not necessarily mean that the victim consented to the sexual activity. It is not uncommon for a victim to ‘freeze’ during non-consensual sexual activity.
Consent is an important element of the crime of rape. The definition of consent and the circumstances in which it can be given are set out in section 36 of the Crimes Act 1958.
The law in Victoria states that a person does not give consent if:
- They are unconscious or asleep;
- They are so affected by alcohol or another drug as to be incapable of consenting to the act;
- They are so affected by alcohol or another drug as to be incapable of withdrawing consent to the act;
- They are not capable of understanding the sexual nature of the act;
- They are not capable of freely and voluntarily agreeing to the sexual activity;
- They are threatened, or under duress or coercion;
- They are mistaken about the nature or purpose of the sexual activity; or
- They are mistaken about the identity of the other person.
It is also important to note that a person cannot give consent to sexual activity if they are under the age of 16, as this is the age of consent in Victoria. Note, there is an exception to this where the accused was in a position of care, supervision, or authority with the victim. For that particular criminal charge the age of the victim is under 18 years.
It is the responsibility of the person initiating the sexual activity to ensure that they have obtained the other person’s consent.
Rape is a very serious charge that can be difficult to defend. Rape cases are highly technical. Elizabeth McKinnon is very experienced in defending rape charges. If you have been charged with rape, contact Elizabeth now to seek advice and legal representation. The consequences of a criminal record can change your life. It is critical that you engage an expert in criminal law, particularly an expert in sex cases.
The consequences of a criminal record can change your life. It is critical that you engage an expert in criminal law.