Sex without Consent

Possible Sentence

Once found guilty or upon pleading guilty to rape, a prison sentence is highly likely. For cases involving digital penetration (e.g., inserting a finger), the minimum actual imprisonment is 6 months. For very low-level rape offences, such as penile penetration where the accused is young, misunderstood consent, stopped as soon as they realized the other person was not consenting, and no force or violence was involved, the minimum actual prison term would typically be at least 9 months.

How Can Someone Be Found Guilty?

For a conviction, the prosecution must prove the following beyond a reasonable doubt:

1. Lack of Consent

   • The complainant did not consent to the act.

2. Communication of Non-Consent

   • The complainant clearly communicated that they did not consent to the act, either verbally or through their actions.

3. Failure to Stop

   • If the above conditions are not met, the prosecution must prove that the defendant failed to stop when the complainant clearly communicated, either through words or actions, that they were no longer consenting.

Honest and Reasonable Mistaken Belief

The prosecution must also disprove beyond a reasonable doubt that the defendant held an honest and reasonable mistaken belief that the complainant was consenting. If such a belief is proven to exist, it could serve as a defense against a guilty verdict.