Criminal Code Act (1899)

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Section 347

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Allows penetration fro the purposes of medial, hygenic and law enforcement

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Section 348

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Meaning of consent -
(1) Must be given freely, voluntarily and given by a person with the cognitive capacity to do so.
(2) Not consent if it was given through force, threat, intimidation, fear, excersise of authority, false or fraudulent misrepresentations.

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Section 349

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Defines rape-
(2) Person rapes another person if the person has carnal knowledge with or of the other person without the other persons consent or;
(b) the person penetrates the other to any extent with a thing or a part of the persons body that is not a penis without the other persons consent

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Section 350

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Attempt to commit rape
max pen. 14 yrs

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Section 24

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Mistake of fact-
A person who does or omits to do an act under an honest and reasonable, but mistaken, belief in the existence of any state of things is not criminally responsible for the act or omission to any greater extent than if the real state of things had been such as the person believed to exist.

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Papadimitropoulos (1957)

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Fraud

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Pryor (2001)

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Consent is not given if asleep

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R v Morgan (1976)

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Mistaken consent