Rape is defined in the Crimes Act as intentionally sexually penetrating someone without their consent, failure to withdraw from sexual penetration after consent is withdrawn, compelling someone to penetrate yourself or another person, or compelling someone to continue to penetrate yourself or another person.

The penetration may be with a penis or finger into the anus or mouth (with or without ejaculation), or by using an object or part of the body besides the penis into the vagina or anus. Medical or hygienic purposes typically do not apply when done in good faith.

Rape is a serious charge and you should seek legal advice immediately.

Rape can occur between any two or more people, with multiple victims or accused, including a child. There are more charges related to sex offences against minors.

What the prosecution must prove

The prosecution must prove beyond a reasonable doubt that you intentionally sexually penetrated the victim, the victim did not provide consent, and at the time of the penetration, you were aware that the victim was not consenting or might not be consenting, or did not give any thought to whether the person was consenting or not.

Possible defences used in rape cases

• The victim consented
• You were under duress when the penetration took place

Proving consent is tricky – what the numbers tell us

Victoria Police statistics from July 2013 to June 2014 tell us there were 2,144 rape offences reported to police, an increase of almost four per cent on the previous period.

Out of 2,144 people accused of rape, 1,349 were cleared, with 598 cleared from previous years. Just shy of 91 per cent of recorded rape accusations did not result in a conviction, which demonstrates just how tricky rape cases are to prosecute.

There were 1,765 rape victims, however, there were 2,144 offences committed, meaning multiple offences were committed on the same person. Over 150 of the victims were male.

A family member was accused of rape in 735 cases – a third of all rape offences recorded by police were committed by a family member against another family member. Most rape (70 per cent) occurs at a home. Many more historical rape claims have been reported recently.

What to do if you suspect you are under investigation or have been charged with rape

Rape is a serious charge and trials can be lengthy and emotionally taxing. You need solid legal representation for rape charges.

Contact us for a free chat about your circumstances to see if we can help you.