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Criminal Mid Sem Problem Solving Question

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To establish sexual assault, the prosecution has to prove Amelia’s mens area and actus rea. Actus rea Has there been sexual intercourse? Under s61H (a) and (d), "sexual intercourse" means sexual connection occasioned by the penetration to any extent of the genitalia of a female person or the anus of any person by any part of the body of another person or the continuation of sexual intercourse as defined in paragraph (a), (b) or (c).(Crimes Act 1900(NSW).

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Criminal Mid Sem Problem Solving Question
Topics this document covers:
Criminal law Sexual reproduction Human sexuality Sexual acts Elements of crime Forensic psychology Rape Consent Sexual intercourse Sexual assault Crimes Act Condom Brigitte Amelio
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Topics this document covers:
Criminal law Sexual reproduction Human sexuality Sexual acts Elements of crime Forensic psychology Rape Consent Sexual intercourse Sexual assault Crimes Act Condom Brigitte Amelio
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(Crimes Act 1900(NSW). Amelio and Brigitte engaged in penetrative sex, with Amelio placing his penis in Brigitte’s vagina, which was the sexual intercourse defined by s61H (a). After Amelio withdraw and removed the condom from his penis, he then continued to insert, which satisfied s61H (d). However, as the condom was removed without any notice to Brigitte, there was an issue of consent. Did the victim consent Under 61HA (2), ‘a person consents to sexual intercourse if the person freely and voluntarily agrees to the sexual i...
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