General evidence of regular sexual abuse occurring on a weekly basis, without any identifying features of individual acts, is insufficient as a matter of law to enable a jury to identify and agree upon at least two specific acts for the offence of persistent sexual exploitation under s 50 of the Criminal Law Consolidation Act 1935 (SA). Where a child accused was approximately 10 years old and the parental response to complaints was to remonstrate with the complainant rather than the accused, the evidence is incapable of rebutting the presumption of doli incapax. Section 50 of the CLCA (SA) may require legislative amendment to reflect the legislature's stated intention of punishing persistent sexual abuse as a course of conduct rather than requiring proof of individually identifiable acts.
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