The charges

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The Police will charge the person with rape (or attempted rape) in one of the following categories:

1. Rape - penalty up to 25 years in prison.

   Rape occurs when a person has sexual intercourse with another person without their consent, knowing that she/he is not consenting or might not be consenting.

   It also occurs if a person continues to have sexual intercourse with another person who has initially consented, if they have changed their mind, requests the other person to stop, and that person does not stop the sexual intercourse as requested.

   The physical acts covered by the offence "rape", is now non gendered. It includes not only penetration of a vagina by a penis, but the insertion of a body part or an object into another person's vagina, anus or mouth. The penetration can be to any extent and the definition of a vagina includes the external genitalia, as well as a surgically constructed vagina. It is also irrelevant, for the purposes of sexual penetration, whether or not there is an emission of semen.

   The law states that "consent" means free agreement. A person is not regarded as having freely agreed to a sexual act, if they agreed to the act because the offender threatened to harm them or someone else, or detained them against their will until they agreed. It is rape if a person has intercourse with another person who cannot freely agree because they are asleep, unconscious or greatly affected by alcohol or another drug.

   If a person does not consent to the act, it is rape whether the other person is their partner or a stranger, whether they are 8 or 80, whether they are a virgin or a prostitute. People aged 10 years or older can be charged with rape.

2. Attempted rape - penalty up to 15 years in prison


3. Sexual penetration of a young person - penalty up to 20 years in prison, depending on the age of the victim.
   Various laws prohibit sexual acts with or in the presence of children, who cannot legally consent to sexual acts involving adults.


4. Indecent assault - penalty up to 10 years in prison.
   Indecent assault covers sexual acts other that those involving sexual penetration, such as touching a person's body, buttocks, penis or breasts.


5. Abduction and threat to life may be added to the above charges.

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Disclaimer Copyright Updated: 20 Jul 2010