Which of the following is an element of both the old offence of Rape and the newer offence of Sexual Assault
Which of the following is an element of both the old offence of Rape and the newer offence of Sexual Assault? Check all that apply.
options:
The accused must penetrate the victim with his penis, therefore only a person who has been assigned the sex “male” can be charged – a female cannot be convicted of either rape or sexual assault.
The victim cannot be the wife of the accused – a person cannot be convicted of raping or sexually assaulting their wife.
There must be vaginal penetration, therefore the victim must be assigned the sex “female” – a male cannot be the victim of rape or sexual assault.
There was no consent to the sexual touching.
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