Have you been charged with Rape?
This is a very serious offence carrying with it the possibility of lengthy custodial sentences – up to 25 years in prison. It is vital you seek advice from an experienced criminal lawyer as soon as possible.
The issue of consent is critical to all Rape cases. It is crucial to determine in the circumstances whether valid consent was obtained. Similarly, it must be determined whether sexual penetration occurred.
Further questions you and your lawyer will need to consider are: Were you aware that the defendant was not, or may not have been, consenting? Did you withdraw at any point after penetration, on becoming aware that the defendant was not consenting? Or did you incite someone else to commit Rape?
We understand that this level of detail can be embarrassing and uncomfortable to talk about. However, the answers to these questions will be vital to determining whether or not you have a defence, and our experienced lawyers will always strive to put you at ease.
Please read below for more information in relation to this charge or for more information on sex offences generally go here.
The offence
Section 38 of the Crimes Act 1958
The prosecution must prove:
The defendant sexually penetrated another person
The defendant did so without the consent of that other person
The act of sexual penetration was intentional
At the time of penetration the defendant was aware that the alleged victim
- Was not consenting; or
- Might not be consenting; or
- After penetration the defendant became aware that the alleged victim was not consenting or might not be consenting but did not withdraw on becoming so aware.
The maximum penalty
Level 2 imprisonment being a maximum of 25 years.
Where will my case be heard?
Rape cases can only be heard in the County Court or Supreme Court of Victoria.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Arrange a time to consult with a specialist criminal lawyer. As thorough preparation is critical to the success of any matter, make sure that you allow plenty of time, so your lawyer can prepare the strongest possible case.
If you have been charged with Rape make an appointment to see one of our experienced lawyers today.
The legislation
(1) A person (A) commits an offence if—
(a) A intentionally sexually penetrates another person (B); and
(b) B does not consent to the penetration; and
(c) A does not reasonably believe that B consents to the penetration.
(2) A person who commits an offence against subsection (1) is liable to level 2 imprisonment (25 years maximum).
(3) The standard sentence for an offence against subsection (1) is 10 years.
