Law Information - Sexual Offences - SA

Rape

Date: 09/01/2009

The Law -

A person will be found guilty of rape if he or she has sexual intercourse, or continues to have sexual intercourse, with another person without the consent of that person, either knowing that there is no consent or being recklessly indifferent about that consent. It is rape whether or not the victim has physically resisted.

The Criminal Law Consolidation Act 1935 [s.5] defines sexual intercourse to include (whether heterosexual or homosexual):

• penetration of the vagina [labia majora] or anus 
• fellatio [placing the penis into the mouth of another person] 
• cunnilingus [placing the mouth or tongue on or into the vagina]. 

This definition recognises the harm that can be done by inserting objects into the vagina or anus. The inclusion of penetration of body parts other than the vagina to rape legislation recognises that there is not one specific type of sexual intercourse that is inherently more significant than another.

In addition to the above the definition of rape includes compelling a person to engage in:

• sexual intercourse with a person other than the offender; or
• an act of sexual self-penetration; or 
• an act of bestiality 

The Maximum Penalty for Rape

The maximum penalty is life imprisonment.

What the prosecution must prove - Rape

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Possible Defences - Rape

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The Court process - Rape

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