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Section 61I of the Crimes Act states:
Any person who has sexual intercourse with another person without the consent of the other person and who knows that the other person does not consent to the sexual intercourse is liable to imprisonment for 14 years.In order for the Police to prove their case at Court, they must prove
each of the following matters beyond a reasonable doubt.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.
Possible defences to this offence include but are not limited to
This matter is strictly indictable which means that it can only be finalised in the District Court.
It is most important that you understand that each criminal case is different. While the material in this page is intended to be relevant to the majority of cases, it may not apply to every case.
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