NEWS: When rape isn't actually rape - outrage at judge's sex assault excuses

23 Jul 09

A judge in the South Australian District Court has questioned if a man who had sex with a drunken woman after she passed out should be "marked for the rest of his days as a rapist", describing it as a "technical rape".

"This is not a situation where an offender perpetrated a sex act on an unconscious victim which she would not have consented to, had she been conscious. To mark this man with the grave offence of rape for the rest of his days will stop him travelling to some countries and prevent him getting jobs."

Sexual assault experts and victims groups last night said the judge should be censured while NSW Rape Crisis Centre manager Karen Willis said there was no such thing as a "technical rape".

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