Consent to some sexual activity before and/or after an offence of sexual intercourse without consent does not diminish the gravity of the offending; people are free to set sexual boundaries and have those boundaries respected in a particular sexual encounter. The mental health of an offender and the absence of aggravating features (such as threats or physical injuries) do not mitigate the objective seriousness of an offence under s 61I of the Crimes Act 1900 (NSW). A Community Correction Order for sexual intercourse without consent where the offender had actual knowledge of lack of consent is manifestly inadequate, though the Court may exercise its residual discretion not to intervene where the offender has completed community service and is progressing in rehabilitation.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
2 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.