Being
accused of a sexual offence is a traumatic and difficult
experience, especially if it is one which comprises an allegation
of non-consensual sexual penetration.
But knowing what the law says is a good first step to
understanding what the prosecution is required to establish an
offence such as rape, or the
sexual assault as it is known as in New South Wales.
Here's a summary of the law.
What is rape?
Is it the same as sexual assault?
In some parts of Australia, the term 'rape' is used to
refer to the offence of sexually penetrating another person without
their consent. This was also the name of the offence under common
law.
But in New South Wales,
the offence formerly known as rape is not referred to as
'sexual assault'.
