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The ABC news site has coverage on the case I covered in my last post.

The story: Man charged over sexual assault of Perth prostitute is obviously going to be one we’re sure to see alot of in the coming weeks – especially when it goes to trial at the end of the month.

I will keep a close eye on the ABC website, the evening news and the newspapers when I get them (Wednesday, Saturday, Sunday). If you see anything on the case that it is likely I have missed – please leave a comment with the source.

Expect more soon!

xoxo

p.s. I got my History assignment back. 71%! Can you believe that? Seriously man, it was not worth 71%. I am thrilled. ^_^

p.p.s. I am now getting 67 cents to the USA dollar. Man, I told my parents that the economy was going to crash. I told them this in the lead up to the Australian Federal Election last year. They told me to shush, I wasn’t an economics expert and nothing of the sort would happen! I should’ve converted my cash to US dollars and pounds and euros last year

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I like watching the news. Even the bogus news like A Current Affair and Today Tonight.
Obviously the news tells us everything we need to know, like whats happening in politics, finance, weather, sport and is Lindsay Lohan really a lesbian or just desperate for attention? All the most important and hard hitting questions and answers that will be crucial to my everyday decisions – will I really truly like the taste of girls cherry chapstick if I kiss her?

But tonights hard hitting question: can you rape a consenting prostitute?

Remember, consent can be withdrawn at any time – and can turn into rape. So for the sake of this, we must understand that, as far as the facts go, at no time during the act, did the prostitute withdraw her consent.

So now, let us consider the facts of this trial currently being heard in the Perth Magistrates Court:

A man (We shall call him D, for defendant) went into a brothel or similar and hired the services of a prostitute (V, as in victim) to do well… what prostitutes do.

D wrote V a cheque for her services. Later on, V went to cash the cheque and it bounced.

Apparently this occurred twice. (Atleast that’s what I think the voice over lady said…)

The procecution (P, for prosecution), who are representing V, are claiming that D was fully aware that he did not have the funds to pay for V’s services and that he knew the cheque would bounce.

D has now been charged with rape and potentially fraud.

I think I’ll get a better look at the facts before I go making my opinions known.
At this stage I think the outcome will be based very much on whether or not D is proved to have known that his cheque would bounce. If he can successfully prove he honestly and reasonably thought that his cheque was valid and would process, then he might have a defence under section 23 of the Criminal Code which covers Mistake of Fact – at which point he might get off.

I will be watching this case very closely. Very influential precedent could arise from this.

I’ll keep you posted!

xoxo

EDIT: I just wanted to clarify that the term ‘rape’ isn’t actually used in the WA Criminal Code. The terminology used is infact “sexual penetration without consent”. And there are cases that will no doubt be considered by the courts. If you’re interested, check out the cases of Ibbs (WA) from 1987 and Papadimitropoulos (sp?) (Vic – a High Court decision). Last semester my Criminal Law lecturer put the question to us: “If A agrees to pay a fee for prostitute V’s sexual services and then runs off without paying, is this rape?” There was no answer, and as far as I know, no specific precedent for it. As I said, this is going to be important.