The mental state of 'inadvertence recklessness' under s 38(2)(a)(ii) of the Crimes Act 1958 (Vic) — not giving any thought to whether the complainant is consenting — is a culpable state of mind, not a form of negligence, and does not of itself reduce culpability for sentencing purposes. Where the accused is aware of limitations on the complainant's capacity to function, the circumstances of inadvertence recklessness are more grave. Pregnancy resulting from rape is a highly aggravating factor, and sentences for sexual offences involving breach of trust must reflect the community's firm denunciation of such conduct.
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