Assault with Intent to Commit Sexual Violation

Question 1

Assault with Intent to Commit Sexual Violation

Answer 1

Section 129 (2) Crimes Act 1961

Question 2

Penalty

Answer 2

10 years

Question 3

Elements

Answer 3

1. A person
2. Assaults another person
3. With intent to commit sexual violation
4. of the other person

Question 4

Person

Answer 4

Gender Neutral. Proven by judicial note or circumstantially.

Question 5

Assault

Answer 5

Assaults means the act of intentionally applying or attempting to apply force to the person of another directly or indirectly or threatening by any act or gesture to apply such force to the person of another if the person making the threat has or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose and to assault has a corresponding meaning.
Section 2, Crimes Act 1961

Question 6

Intent

Answer 6

In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

Question 7

Sexual Violation

Answer 7

1) Sexual violation is the act of a person who -
a) rapes another person or
b) has unlawful sexual connection with another person
Section 128 (1) Crimes Act 1961

Question 8

Rape

Answer 8

Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person Bs genitalia by person As penis –
- Without person Bs consent to the connection
- Without believing on reasonable grounds that person B consents to the connection
Section 128 (2) Crimes Act 1961

Question 9

Unlawful Sexual Connection

Answer 9

Person A has unlawful sexual connection with Person B if Person A has sexual connection with Person B -
a) without person B’s consent to the connection
b) without believing on reasonable grounds that person B consents to the connection
Section 128 (3) Crimes Act 1961

Question 10

Sexual Connection

Answer 10

a) connection effect by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes of -
i) a part of the body of another person; or
ii) an object held or manipulated by another person; or
b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus
c) the continuation of connection of a kind described in paragraph a or b
Section 2, Crimes Act 1961