For the offence of rape by compelling sexual penetration under s 39(1) of the Crimes Act 1958 (Vic), the majority holds that 'intentionally causes' does not require the accused to compel or force the other person to engage in the act of penetration; it is sufficient that the accused's acts or omissions were a substantial or significant cause of the penetration. Trial judges must direct juries on this standard rather than merely repeating the statutory language. The minority view (Priest JA) that 'causes' carries with it the notion of compulsion and requires the accused's conduct to be the immediate cause of penetration was not adopted.
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