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Rape - Coggle Diagram
Rape
- Circumstances in which court is bound to impose life imprisonment
- Y was raped more than once by X or an accomplice or co-perpetrator.
- Y was raped by more than one person and they acted with common purpose.
- X was convicted of two or more rape offences but has not been sentenced yet.
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- Y was a physically disabled woman and because of her disability she was physically vulnerable.
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- Rape involved infliction of grievous bodily harm.
- The court is bound to impose a life imprisonment or other minimum periods unless there is substantial and/or compelling circumstances which justify the imposition of a lesser sentence.
- The court in S v Malgas formulated various rules to be kept in mind while interpreting the substantial and compelling circumstances.
- Statutory crime of rape v old common law of rape.
- Rape was a common law crime: when a man unlawfully and intentionally has sexual intercourse with a woman without her consent.
- Slightest penetration was sufficient
- X could only be male and Y female.
- Insertion of the penis by the male into the females vagina. Penis into anus was not considered as rape but indecent assault.
- Masiya case: extended the common law definition of rape - penetration of a male into the females anus is considered as rape; without her consent; if the person being rape is a male or female.
- Elements of rape with reference to the absence of consent.
- Must take place without the consent of the complainant.
- The word consent is defined as voluntary or uncoerced act.
Any person who unlawfully and intentionally commits an act of sexual penetration with another person without the latters consent is guilty of an offence of rape.
- Element of the rape with reference to sexual penetration
- Defined in section 1(1) as any act that results in the penetration by
Genital organs into the genital organs, anus or mouth of another person.
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Any other body part or any object such as the part of an animal into or beyond the mouth, anus or genital organ of another person.