Presumption as to Absence of Consent in Certain Rape Prosecutions
In a prosecution for specific aggravated categories of rape, where sexual intercourse by the accused is proved and the question is whether it was without the victim's consent, the court presumes it was without consent, once the victim testifies to that effect.
- This shifts the practical evidentiary weight in the victim's favour in these specific aggravated situations, rather than requiring the victim to independently disprove consent from scratch.
A meaningful protective mechanism for victims in the specific aggravated rape categories this applies to — it changes what the defence has to overcome, not just what the prosecution has to show.
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The gang-rape offence this kind of prosecution often involves
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