Assault with Intent to Commit Sexual Violation

Question 1

Section 129(2) requires proof of an assault, ie the use or threat of force.

Answer 1

The assault need not be of an indecent nature provided it is done with the intention of, and for the purpose of, committing sexual violation.

Question 2

Remember that this type of situation can arise out of two different intentions. The offender may assault the victim:

Answer 2

• In the hope that the complainant will then change their mind and consent to the act, or
• Intending to commit rape or sexual connection regardless of whether the complainant changes their mind

Question 3

It must be proved that at the time the defendant assaulted the complainant he:

Answer 3

• Intended to have sexual connection with the complainant, and
• The complainant did not consent to the sexual connection, and
• The defendant did not believe on reasonable grounds that the complainant was consenting

Question 3

Situations in which you might file this charge include:

Answer 3

• Where an offender assaults the complainant because they are intent on having intercourse with the complainant and obtaining the complainant’s consent for that.
• As an alternative to a charge of attempted sexual violation (particularly where the proximity between the assault and the completion of the intended sexual violation is an issue).