The objective seriousness of sexual intercourse without consent must be assessed by reference to all the circumstances, including the degree of violence, physical hurt, humiliation, and context, not merely the form or duration of the intercourse. Digital penetration is not inherently less serious than penile penetration, and where the intercourse is motivated by domination and humiliation rather than sexual gratification, the surrounding context of violence may render the duration and form of intercourse largely irrelevant to objective seriousness.
The full text is available to signed-in members, including the 22 later cases that cite this judgment.
7 of the 22 citing cases carry a classified treatment. How each court treated it is available to signed-in members.