Assault with Intent to Commit Sexual Violation - s129(2)

Question 1

Assault with Intent to Commit Sexual Violation
- s129(2) CA 1961
- 10yrs

Answer 1

• A person
• Assaults
• Another person
• With intent to commit sexual violation

Question 2

A person

Answer 2

Gender neutral. Proven by judicial notice or circumstantial evidence.

Question 3

Assaults

Answer 3

As per s2 CA 1961 -
The act of applying or attempting to apply force to the person of another.

Question 4

Another person

Answer 4

Gender neutral. Proven by judicial notice or circumstantial evidence.

Question 5

Intent

Answer 5

There must be an intention to commit the act and secondly, an intention to get a specific result.

Question 6

Sexual Violation
- s128(1) CA61

Answer 6

Is the act of a person who rapes or has unlawful sexual connection with another.

Question 7

Rape
- s128(2) CA61

Answer 7

Penetration of a person’s genitalia by another person’s penis (Incl surgically constructed)

(a) without consent, &

(b) without believing on RG the person consented.

Question 8

Consent

Answer 8

Consent is a person’s conscious and voluntary agreement to something desired or proposed by another.

Question 9

COX (Consent)

Answer 9

Consent must be full, voluntary, free and informed… freely and voluntarily given by a person in a position to form a rational judgement.

Question 10

KOROHEKE (Consent)

Answer 10

Consent freely given, rather than submission to something unwanted or avoidable.

Question 11

COLLISTER (Intent)

Answer 11

Intent can be inferred from the nature of the act.