Last week we concluded our discussion on consent. I hope those discussions were clear enough. However, if any questions remain, please email me.
We are carefully inching our way toward a discussion of the offences contained in the Sexual Offences Act Cap 8:03 (the Act), including the offence of rape created by Section 3 of the Act. Rape is not the only offence created by the Act, but it is one of the more serious offences created by the Act, and as with all other offences, it is important to know conduct by a perpetrator is necessary for the offence of rape to be committed. Aside from proving that an alleged victim did not consent, and or that the accused could not reasonably believe that the alleged victim was consenting, the prosecution must prove that the accused engaged in penetration with the alleged victim or caused the alleged victim to engage in penetration with another person. The question, therefore, is: “what is penetration?”.
