Rape lawyers in Melbourne are very experienced in dealing with clients who have been charged with sexual penetration without consent. These charges are very serious and can land you with up to 25 years in jail. Due to the stakes being so, it is vital that you seek a rape lawyer in Melbourne as soon as possible.
Your solicitor will ask you a lot of questions if you find yourself looking at these hefty charges. They will need to establish whether consent was given as well as determine if sexual penetration actually occurred. These questions can get very personal and even embarrassing at times but they are vital in determining the outcome of your case.
Below we are going to go into everything that you need to know when you are seeking a rape lawyer in Melbourne.
The offence
Many people are unaware what counts for someone to be charged with these offences. These charges do relate to when individuals have sex where one party is not consenting but it goes deeper than that. Sexual penetration of any kind without consent counts. That means it can be oral, vaginal and anal and can be committed against and by both genders.
That means that these offences aren’t just limited to a man’s penis into a woman’s vagina. It counts as any body part or object inserting someone without their consent. The crimes act of 1991 for Victoria also added another stipulation where an individual can be found to be guilty of the rape of someone else. With all these rules and regulations it is highly recommended that you get yourself a rape lawyer in Melbourne as to have an expert in your corner.
The elements that make up the offence
When the prosecution attempts to prove that the offence happened without reasonable doubt they will address the 4 elements that make up a rape charge. If they are unable to prove that each of these elements has been fulfilled the accused will be deemed not guilty. Your rape lawyer from Melbourne will aim to prove all of these right if you are the complainant or aim to disprove at least one of them if you are the accused.
Penetration
The prosecution must prove beyond a reasonable doubt that the accused had sexually penetrated the complainant in any way. That refers to any body part or object being inserted into another without their consent. If you are getting someone else to perform the above acts that also constitutes the offence. Additionally the vagina body part is referred to as external genitalia which also includes surgically constructed vaginas as well. This means that a transsexual can also be a victim of these crimes.
Intention
The intention of the accused party also matters in this scenario. The prosecution will have to prove that the sexual penetration was an intentional act.
Consent
The prosecution party will also have to prove that the accused acted without the consent of complainant. There are many different factors that can exempt consent in these situations. They include;
- Submitting because of force or fear
- Submitting because of harm in any degree
- The individual is asleep
- The individual is affected by drugs or alcohol
- The individual is incapable of understanding the nature of the act
- The individual is mistaken about the nature of the act
- They have mistaken identity for someone else
There are also many scenarios in which you should discuss with your rape lawyer in Melbourne.
The state of mind of the accused
The final element relates to the state of mind of the accused when dealing with the complainant’s consent. The prosecuting party will aim to prove that the accused knew that the consent given by the complainant wasn’t reasonable.