There are a number of crucial considerations when assessing a rape case. That is, whether penetration has occurred and whether or not it was consensual. Consent is a common consideration. In Queensland, consent means consent which has been freely and voluntarily given by a person with the cognitive capacity to give consent.
To ensure that consent was freely and voluntarily given, it must not have been obtained by force, threat or intimidation, fear of bodily harm, exercise of authority, false of fraudulent representation about the nature or purpose of the act, or mistaken belief induced by the accused person that the accused person was the person’s sexual partner.
If you or someone you know would like to determine whether there is a defence or to seek a free case assessment, contact Aegis Criminal Law on 0401 999 347.