Which of the following is an element of both the old offence of Rape and the newer offence of Sexual Assault? Check all that apply.

options:

The accused must penetrate the victim with his penis, therefore only a person who has been assigned the sex "male" can be charged - a female cannot be convicted of either rape or sexual assault.

The victim cannot be the wife of the accused - a person cannot be convicted of raping or sexually assaulting their wife.

There must be vaginal penetration, therefore the victim must be assigned the sex "female" - a male cannot be the victim of rape or sexual assault.

There was no consent to the sexual touching.