Rape In Australia Essay

Based on The United States Department of Justice, the new definition of rape has been amended. Rape is referred to the penetration of the vagina or anus with any body part or object no matter how slight it was or oral penetration by a sex organ of another person without the consent of the victim. This conveys an important message to all victims that what happens to them do matters and the perpetrators will be held responsible to the crime committed by them. It was because of the voices of survivors, advocates, law enforcement personnel and many others that FBI Director Robert Mueller was able to make this important change within the FBI’s Uniform Crime Report (UCR) Summary Reporting System (SRS). The previous definition of rape was outdated

In January 2011, while in the midst of going through physiotherapy for her neck and lower back symptoms, a young woman alleges that she was digitally raped by the accused, who is a qualified physiotherapist. The accused admits that he inserted his finger into her vagina but proclaims that the act was reasonable for diagnostic mean and her consent was received before such procedure was carried out. The accused was charged under rape as provided under section 48 of the Criminal Law Consolidation Act (CLCA) 1935. Rape consists of three elements and all of them must be fulfilled by the prosecutor. The elements need to be proved beyond reasonable doubt. First, there must be sexual intercourse engaged between the accused and the complainant. Here, sexual intercourse is defined as an act of penetration of the vagina of complainant by any parts of the body of the accused or any object. Here, rape was established when the accused put his finger into the vagina of the complainant. Second, there is no consent granted on the part of the complainant with regards to the intercourse. The complainant claimed that she showed up to get massage for the purpose of healing and never permit the accused to put his finger into her vagina. Third, the accused regardless of knowing the complainant consent or not to the penetration or being ignorant to the lack of consent, still insists on digitally raping the complainant. Since all the elements are successfully proven, the accused was found guilty of digital