Maximum Penalty
- Life imprisonment
Possible Defences
- Had consent
Rape Key Facts
What Is The Charge of Rape?
What the law states according to SA
A person will be guilty of the offence of rape if they have sexual intercourse with another person without the consent of that person.Â
A person will be guilty of the offence with they knew that the person was not consenting or they were recklessly indifferent as to whether that other person consents.Â
What Is The Penalty For Rape?
The maximum penalty for rape is imprisonment for life.
What Are The Possible Defences For Rape?
It may be a defence to the charge if you:
- Had consent
What The Prosecution Must Prove
The prosecution must prove that sexual intercourse took place,
- without consent
- knowing there was no consent; or
- recklessly indifferent to consent
What Court will hear the Matter
This offence will be dealt with in the District Court of South Australia.
Case Studies For Similar Offences
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