A person will be guilty of the offence of rape if they have sexual intercourse with another person without the consent of that person.

What court will hear the matter

This matter will be dealt with in the Supreme Court of South Australia.

What the prosecution must prove

The prosecution must prove that sexual intercourse took place:

  • without consent;
  • knowing that there was no consent; or
  • with reckless indifference to consent.


It may be a defence to the charge of rape if you had consent.


The maximum penalty for rape is life imprisonment.

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