Rape law has been updated many times, with the latest update to the Crimes Act regarding part of the definition of rape.

The law was: Rape in Victoria means a person intentionally penetrates another person without that person’s consent and does not reasonably believe that the other person is consenting.

This means that if there was evidence of penetration, DNA evidence, or an admission, the prosecution had to prove that the accused had intentionally penetrated the complainant while being aware that the complainant was not or might not be consenting.

In 2008 the law was again updated to include if the accused had given no thought whatsoever to whether the complainant may or may not have been consenting. That test applies to any rape cases after 1 December 2008.

The law is now updated to include:
     The definition of rape
Rape is the intentional sexual penetration of another person where there is no consent to the penetration and the accused does not reasonably believe that the complainant consents to said penetration.

     Consent
The issue, then, revolves around consent. The prosecution must then prove that the accused did not reasonably believe that the complainant was consenting. Read more about the consent defence here. 

     Early legal advice helps immensely in these cases
What you say matters. Any interview can be used against you. A ‘reasonable belief’ is subjective, which means it is up to each individual where the line is, if it is in some doubt. Each circumstance must be carefully considered as a unique case, since no two cases are the same.

     Historical cases
It becomes more important here to have good legal representation, since sexual assault and rape laws change all the time. Different laws apply to different time periods.

Call Vanessa Ash anytime, day or night, if you find yourself charged with rape and in need of a lawyer to ensure your rights are upheld.

Since the law treats everyone the same, a good lawyer makes all the difference.