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What is Rape or Sexual Assault?
The South Australian legal definition is
A person who has sexual intercourse with another person without consent of that other person
Shall (whether or not physical resistance is offered by that other person) be guilty of rape and liable to be imprisoned for life.
- Knowing that the other person does not consent to sexual intercourse with him/her; or
- Being recklessly indifferent as to whether that other person consents to sexual intercourse with him/her;
Rape is defined as sexual intercourse without consent or indifference to consent. Sexual penetration can include any of the following
- Labia majora
This definition means
- Other body part
The law also states that some people cannot give consent to sexual intercourse. This includes
- unwanted oral or anal sex is rape
- women can be raped by men and other women and men can be raped by other men and women
- Penetration can be to the smallest degree
- Ejaculation need not occur
- Physical resistance (fighting back) is not necessary to demonstrate lack of consent
- Submission (giving in) as a result of force or threats is not consent
- a person under the age of 17
- a person with a mental incapacity (for example an intellectual disability or a mental illness) who cannot understand the nature of the act and its potential consequences
- a person who is asleep, or who is so affected by drugs or alcohol that their judgment is badly affected
What can be done immediately following a rape?
Immediately following a rape a person can contact a doctor or emergency department for help. In people over the age of 16 years, the victim will usually be placed in contact with someone from the rape and sexual assault service called Yarrow Place.
The response worker or doctor from Yarrow Place will discuss the following options
- Provision of medical care
- Provision of psychological support
- Conduct of a forensic examination
- Whether or not to involve the police
What is a forensic examination?
A forensic examination consists of taking a detailed recording of an examination and collection of swabs and samples for DNA analysis to assist the police in investigation of the incident.
The details of the forensic can be given to the police straight away or they can be stored in a fridge for up to 6 months, whilst a person decides whether or not that want the police to become involved.
How do I contact Yarrow Place?
Contact Yarrow Place on 8226 8787 or 1800 817 421.
If you are under 16 you need to contact Side Street on 8202 5871 or The Second Story on 8232 0233 or Shopfront on 8281 1775.