In such circumstances, there would be no need to prove that
the complainant suffered harm or damage.
Not exact matches
The trial judge found the
complainant did not consent because of the bruising and bodily
harm she
suffered which, in his view, were inconsistent with consensual sex, and that her account of the incident and what followed was credible and consistent.
And, in the case of a factually guilty person accused of sexual assault, the
complainant is being asked to
suffer harm to protect something of value to the person who assaulted her.
But more needs to be done to translate that work into practice, to better ensure that
complainants suffer only that
harm which the presumption of innocence requires.