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Sexual Assault (Section 2 Assault by Penetration (A person commits this…
Sexual Assault
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Proving Penetration
A perpetrator’s threats, commands, or other words
Exposure of the perpetrator’s penis, finger, or penetrating object
Feelings victim experienced can also demonstrate penetration, including any failed attempts to penetrate the victim prior to achieving penetration.
Testimony regarding a gagging sensation, taste, or the feeling caused by the penis or object against the victim’s mouth or clenched teeth
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Victim’s state of mind (e.g., fear of an STI or pregnancy
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Leakage of semen, blood, fecal matter or other fluid.
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Penalty
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Most serious offence other than s.1, so crucial that penetration is proven which is complex.