Ranvir Singh, 26, was found guilty of raping a sex worker twice at a Melbourne brothel in February 2018. The man ignored the victim’s pleas to stop and refused to leave because the booking wasn’t over. The sex was initially consensual, but this changed once Singh became “rough”, bit and pinned the victim to the bed. The woman had told him, “Stop. You are hurting me. I can’t take it anymore. You’re hurting me.”
Singh ignored her pleas and held her down to bed by pinning her arms. “It’s fine. You can take it,” Singh had told her. Following the attack, Singh told the victim to get back onto the bed because “the booking wasn’t over”. Instead, the woman escaped the room and went to her manager.
The prosecution asserted that Singh felt a sense of entitlement because he paid for the sexual services. Throughout the trial, Singh has continued to deny he did anything wrong and told a mental health professional he blamed police for his conviction. Singh has been sentenced to six years imprisonment and must serve at least three years and eight months in jail before he is eligible for parole. He also faces deportation to India after he serves his sentence.
Sexual assault
Section 61I of the Crimes Act 1900 (NSW) covers the offence of sexual assault. Sexual assault occurs when:
- a person,
- has sexual intercourse with another person,
- without the consent of the other person and,
- who knows that the other person does not consent to the sexual intercourse
Anyone who is found guilty of the offence is liable to imprisonment for 14 years.
“Sexual intercourse” is defined in s 61HA as a sexual connection occasioned by the penetration to any extent of the genitalia of a female person or the anus of any person by:
- any part of the body of another person, or
- any object used by another person,
- sexual connections involving oral sex, or
- the continuation of sexual intercourse
Consent – “no means no”
Consent in relation to sexual offences remains a contentious issue before the law. A previous article discusses the elements of what consent means, and the infamous Lazarus case which has led to amendments in the Crimes Act 1900 regarding consent. The incidents below of “non-traditional rape” likely cause confusion for individuals who do not fully understand the concept of consent. However, continuing sexual contact in these circumstances can lead to sexual assault charges:
- Victims “freezing” and not expressly giving consent,
- Victims expressly giving consent, but their body language shows otherwise,
- Partners presuming they have consent because they have had previous sexual relations,
- Sexual deceit (e.g. mistaken beliefs as to the identity of your partner),
- Victims agreeing to the sexual act and changing their minds,
- Sex-workers who are paid for sexual services.
The Crimes Act (section 61HE (formerly s 61HA) specifies that a person consents to sexual activity if they freely and voluntarily agree to the sexual activity.
The prosecution will need to establish that the accused knew that the complainant did not consent. A person will be considered as having knowledge of the consent if:
- the person knows that the complainant does not consent to the sexual activity, or
- the person is reckless as to whether the complainant consents to the sexual activity, or
- the person has no reasonable grounds for believing that the complainant consents to the sexual activity.
The court will consider whether a person took steps to ascertain whether the victim consented to the sexual activity (s 61HE(4)(b)).
Withdrawing consent
Sexual assaults can occur any time including, during, or after consensual sex. Giving consent for one activity, one time, does not mean giving consent for increased or recurring sexual contact. Any person has the right to withdraw their consent at any point in time.
If a person continues to engage in sexual contact after their partner has changed their mind, this falls under being ‘reckless as to whether the complainant consents to the sexual activity’ in accordance with s 61HE(3)(b) of the Crimes Act.
Sex-workers
Any sexual contact requires consent, even if someone is being paid for sexual services. As such, the concept of withdrawing consent extends to sex-workers. Sex-workers may have a higher risk of sexual assault due to the nature of their work and the lack of safety at work. Also, clients such as Singh, may feel entitled because they perceive payment as consent.
Cases such as R v Robert John Hall [2017] NSWDC 240 confirm the court’s view that sexual assault against a sex-worker is serious, particularly given their status as a “vulnerable person” by reason of their occupation. Judge Whitford pointed out that the performance of sexual services gives rise to a degree of defencelessness and vulnerability. Consequently, the status of a vulnerable person will assist the court in assessing the objective gravity of this offence.
Defences
In sexual touching and assault cases, the following can be possible defences to the crime:
- Consent
- Medical purposes
- Proper medical purposes – this defence is applicable to cases involving sexual intercourse.
- Genuine medical or hygienic purposes – this defence is applicable to cases of “sexual touching” under s 61KC in the Crimes Act, as discussed in a previous article.
If you have been arrested or the police are looking to interview you regarding an investigation, Pannu Lawyers is able to advise you of your rights at every step of the criminal investigation & trial process. Pannu Lawyers extensively practice in Criminal Law and regularly appear at Courts throughout New South Wales such as Blacktown Local Court, Mt Druitt Local Court, Parramatta Local Court & District Court, Burwood Local Court, Downing Centre Local Court & District Court, and Penrith Local Court. If your matter is at Blacktown Court, we are conveniently located within a walking distance from the Blacktown Local Court. Call our office on 02 9920 1787 to discuss your matter in a confidential manner.
The above information is intended as general information and is not intended to be relied on as legal advice. The part of this article is taken from an article published by The Daily Mail.
