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Member
I've been here a while
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Name: Mitch
Age: 32
Gender: Male
Location: Melbourne, Australia
Posts: 1,365
Points: 22,859, Level: 21 |
Join Date: February 3rd 2009
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Re: man uses small penis as rape defense. -
August 19th 2012, 01:42 AM
Quote:
Originally Posted by PutYourHeartsUp
But without penetration wouldn't it technically be considered sexual assault? Which is considered different in a courtroom to my knowledge.
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To the particular charge of rape, penetration is a necessary element of actus reus. The prosecution may, at any time, drop the charges and refile them as "sexual assault", which, as you say, is a completely separate charge. Just because sexual penetration is not performed, does not mean that the charge is automatically downgraded to sexual assault. Unless of course that is the norm in Zimbabwe.
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