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KembaraXtra- Case Law- Kaitamaki (1985) - Continuing Act of Rape Case Facts:
- Defendant (D) initiated sexual intercourse with V, believing she consented at the moment of penetration.
- During intercourse, D realized V did not consent or had withdrawn her consent.
- D did not withdraw and continued having intercourse.
- Can the continuation of sexual intercourse after consent is withdrawn constitute rape, even if the initial penetration was consensual (or believed to be consensual)?
- Yes. Sexual intercourse is a continuing act that only ends with withdrawal.
- While the initial penetration was not considered rape because D believed V consented at that time.
- The refusal to withdraw and the continuation of intercourse after the withdrawal of consent can be deemed rape.
- The court treats sexual intercourse as a single, continuous act, not a series of discrete actions. Therefore, consent must exist throughout the entire act.
- Consent to sexual intercourse must be present throughout the entire act, from penetration until withdrawal. Withdrawal of consent during intercourse necessitates immediate withdrawal by the other party. Failure to do so constitutes rape.
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