I have concluded that it is not possible for me to be satisfied that the twelve rapes and two indecent assaults, for which the prisoner was convicted in 1992, involved violence or an element of violence. I hold that rape and indecent assault can be committed against children without violence being involved, as that word is used in s19. For example, so far as rape is concerned, the elements of that crime consist of having sexual intercourse without the consent of the victim. In the case of a young child in particular, there might be absence of a legal consent because although the child consented in fact it was not freely given because it was procured by reason of the child being overborne by the nature or position of the offender. There is nothing in the comments of passing sentence of Underwood J, when sentencing the prisoner to 8½ years' gaol, which indicates that violence was involved in the commission of those crimes. Counsel for the Crown handed to this Court a transcript of the evidence of the girl in that case and pointed to passages in her evidence in which she said that, on occasion, the act of intercourse hurt and that, on occasion, she agreed to do what the prisoner asked her to do because she was scared of him. The jury may or may not have accepted what she said. The conclusion I have come to is that because I do not know the legal basis upon which the crimes were left to the jury by Underwood J, because his Honour's comments on passing sentence are silent about violence and because I do not have all of the transcript of the evidence at that trial, I am unable to determine, adverse to the prisoner, that any of those crimes of which he was convicted in 1992 involved violence or an element of violence.