Amelio's Argumentative Essay

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whether Amelio had a condom, helping him put it on and stating she ‘like[d] to be safe’, it is unlikely Amelio had reasonable grounds. Though Amelio had been drinking, self-induced intoxication is not to be taken into account when determining the accused knowledge of the complainant’s consent (s 61HA(3)(e)). Hence the required mens rea elements are likely to be proven either by Amelio’s knowledge that Brigitte does not consent (s 61HA(3)(a), or by advertent recklessness (s 61HA(3)(b)). On balance, Amelio is likely to have committed sexual assault for the second act - continuing penetrative sex without a condom, as the elements of the offence are likely to be established. PART B The appropriateness of s 61HA(3)(c) is questionable, as the…show more content…
Further, it is arguable this section perpetuates attitudes which contribute to sexual assault further rendering it unfitting. Conversely, it is an effective basis for
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