Assault with intent to commit sexual violation Flashcards
What section is assault with intent to commit sexual violation?
S129(2)
Ingredients?
Everyone who assaults another person with intent to commit sexual violation of the other person
Assault
The act of intentionally applying or attempting to apply direct or indirect force to the person of another or threatening by any act or gesture to apply such force to the person of another, if the person making the threats has or causes the other person to believe on reasonable grounds that he has present ability of effect that purpose
Intent
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What are the two differences in intent?
Assaulting the victim so they change their mind and consent or assaulting them with the intent of committing sexual violation regardless
What is the mens rea elements?
Intended to have sexual connection with the complainant
complainant did not consent
defendant didn’t BORG that complainant was consenting