Assault with intent to commit sexual violation

Question 1

Assault with intent to commit sexual violation legislation:

Answer 1

Section 129(2) CA 1961

Everyone who assaults another person with the intent to commit sexual violation of the other person is liable to imprisonment for a term not exceeding 10 years

Question 2

Definition of assault

Answer 2

The act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatenign by any act or gesture to apply such force to the person of another, if the person making that threat has, or causes the other to believe on reasonable grounds, the present ability to effect his purpose.

Question 3

Intent for the purpose of this offence can arise out of two different intentions:

Answer 3

1. in the hope that the complainant will then change their mind and consent to the act, or
2. intending to commit rape or sexual connection regardless of whether the complainant changes their mind

Question 4

The mens rea element: it must be proved that at the time the defendant assaulted the complainant he:

Answer 4

1. intended to have sexual connection with the complainant, and
2. the complainant did not consent to the sexual connection, and
3. the defendant did not believe on reasonable grounds that the complainant was consenting

Question 5

Two situations in which you might file this charge:

Answer 5

1. where an offender assaults the complaiannt because they are intent on having intercourse with the complainant and obtaining the complainants consent for that
2. as an alternative charge of attempted sexual violation (particularly where the proximity between the assault and completion of the intended sexual violation is an issue)