English (United Kingdom)

https://curated-unify.zendy.io/wp-json/zendy-region/v1/featured_content/oa?rat=en

https://curated-unify.zendy.io/wp-json/zendy-region/v1/highlighted_journal/

Global: Zendy Plus annual

Presents the access of premium content as premium feature

Premium Content

Presents the keyphrase highlighting as premium feature

Keyphrase Highlighting

Presents the summarisation as premium feature

Summarisation

Insights

Presents the pdf analysis as premium feature

PDF Analysis

Presents the zaia usage as premium feature

ZAIA

Global: Zendy Tools annual

Global: Zendy Free Plan

Global: Zendy Tools monthly

Global: Zendy Plus monthly

This article explores the mental element in rape in Australia. It briefly examines the position in the common law jurisdictions, which require mens rea, and the code jurisdictions, which do not. Although the Northern Territory (NT) is a code jurisdiction the approach to the offence of sexual intercourse without consent fits more appropriately with the common law states since the decision in DPP (NT) v WJI (2004) 219 CLR 43. This article examines the reasons for the High Court favouring an approach similar to common law in the NT. It will also explore whether the decision in DPP (NT) v WJI (2004) 219 CLR 43 might affect the law in the other state codes and whether there should be any change in the code approach to this offence.

Rape, The Mental Element and Consistency in the Codes