129 ATTEMPTED SEXUAL VIOLATION

Question 1

Attempted Sexual Violation
(ASPE)

Also

When would this offence be preferred over 129 Assault with intent to commit Sexual Violation?

Answer 1

CA61 s129(1)
Attempted sexual violation
10 years

Attempts to
Commit sexual violation

(Use this offence when an attempt to commit sexual violation does not involve an assault.)

Question 2

Assault With Intent to Commit Sexual Violation
(ASPE)

Also

Why would this offence be preferred over Attempted Sexual Violation?

Answer 2

CA61 s129(2)
Assault with intent to commit sexual violation
10 Years

A person
Assaults
Another person
With intent to commit sexual violation

(Use this offence when an Assault With Intent to Commit Sexual Violation may not be sufficiently proximate to the full offence to constitute an attempt.)

Question 3

Give 4 examples of acts that may constitute an attempt to commit an offence:

Answer 3

(1) Lying in wait or following the victim
(2) Enticing the victim to the scene
(3) Carrying out reconnaissance
(4) Unlawful entry into the intended scene
(5) Gathering the necessary materials
(6) Setting up unwitting agents to assist

Question 4

Does s129(2) require proof of an assault

Answer 4

Yes

Question 5

Assault with Intent to Commit Sexual Violation:

What are two main outcomes an offender intends to result from an assault on the complainant?

Answer 5

(1) The complainant changes their mind and consents
(2) The opportunity to commit Rape/Sexual Violation regardless of consent

Question 6

Give two examples where you might file a charge for Assault with Intent to Commit Sexual Violation:

Answer 6

Where there is an assault and:
(1) it is motivated by an intent to coerce consent to have intercourse
(2) it is not sufficiently proximate to meet the element of Attempt.

Question 7

129(2) Assault with Intent to Commit Sexual Violation
If the conduct constituting assault was consented to, is there a case for this charge to be heard?

What if the defendant mistakenly believed there was consent?

Answer 7

No. There will be no case because the element of Assault has not been fulfilled due to the consent for that force to be used.

Even if the defendant was mistaken about there being consent, he still has this defense.