Federal judges have quashed a ruling from a lower court last year that suggested the shorter the time period a rape occurs, the less serious it was.
The senior judges have confirmed that a ‘short term rape’ is nonsense.
They used the opportunity to reset the law after a man, convicted of rape earlier this year, tried to get his sentenced reduced based on the earlier ruling.
The Federal Court was clear – a short rape cannot be considered mitigating circumstances, but they also ruled that a prolonged rape can be an aggravating factor as it demonstrates ‘significant criminal energy’.
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