A friendship between offender and victim does not constitute a 'position of trust' under s 21A(2)(k) and does not increase objective seriousness where it merely supplied the occasion and opportunity for the offence. Where a victim pretends to be asleep during a sexual assault, the agreed facts cannot support an inference that the offender persisted in the face of known resistance unless there is evidence of the offender's state of mind. Actuarial risk assessment tools such as Static-99R should be treated with caution where they conflate relative and absolute risk and do not account for individual characteristics.
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