Sexual Assault (Rape)

Having sexual intercourse with a person without their consent is an extremely serious offence. Where there are circumstances of aggravation, namely:

(a)  at the time of, or immediately before or after, the commission of the offence, the alleged offender intentionally or recklessly inflicts actual bodily harm on the alleged victim or any other person who is present or nearby, or

(b)  at the time of, or immediately before or after, the commission of the offence, the alleged offender threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument, or

(c)  the alleged offender is in the company of another person or persons, or

(d)  the alleged victim is under the age of 16 years, or

(e)  the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or

(f)  the alleged victim has a serious physical disability, or

(g)  the alleged victim has a cognitive impairment, or

(h)  the alleged offender breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence, or

(i)  the alleged offender deprives the alleged victim of his or her liberty for a period before or after the commission of the offence.

A defence to sexual intercourse can be consent or a mistake of age. However, consent can be revoked even without there being any verbal communication. At the time of the offence, the accused must have known there to be consent or a reasonable belief that there is consent. If the complainant has told the accused that they are above the age of 16, that is a defence that is closely considered by the court. In instances where the complainant has acted above what is perceived to be her age, that is also carefully considered by the court.

the penalty for sexual assault increases.