Essay about Problems With Rape Trials

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Problems With Rape Trials * It is proposed to replace the current s.38 of the Crimes Act (Victoria) with the following definition of rape: * s.38 A person commits rape if - * (a) He or she intentionally sexually penetrates another person without that person's consent and * (b) (i) Is aware that the person is not consenting or might not be consenting; * (ii) A reasonable person would, in all the circumstances, have been aware that the person was not consenting or might not be consenting. Critically assess this proposal in terms of its likely impact on (a) What the…show more content…
It will also highlight the current problems in rape trials in Victoria, and how these affect the rate of conviction, and the impact on the victim. The current Crimes Act (VIC) 1952 [s38] reads that 1. A person must not commit rape Penalty, Level 2 Imprisonment (25 years maximum) 2. A person commits rape if - (a) He or she intentionally sexually penetrates another person without that person's consent while being aware that the person is not consenting or might not be consenting; or (b) After sexual penetration he or she does not withdraw from a person who is not consenting on becoming aware that the person is not consenting or might not be consenting. To establish the offence of rape based on the current legislation, the prosecution must prove beyond reasonable doubt: 1. That the accused sexually penetrated another person; 2. That the accused did so without the consent of that other person 3. That the act of sexual penetration was intentional 4. That the accused was aware that the victim - (a) Was not consenting; or (b) Might not be consenting. (Rush P & Yeo S, 2000) In relation to consent, the act of sexual penetration is treated as a continuing one, so that the Crown can prove the necessary consent aspects if it establishes beyond reasonable doubt that at some time the act of
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