Assault with Intent to commit sexual violation

Question 1

Act and section

Answer 1

Section 129 (2), Crimes Act 1961

Question 2

Imprisonment

Answer 2

10 years

Question 3

Ingredients

Answer 3

A Person
Assaults another person
With Intent to Commit sexual violation
Of the Other Person

Question 4

Definition of A Person

Answer 4

Proven by Judicial notice or circumstantial evidence.

Question 5

Definition of Assaults another Person

Answer 5

Assault 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.
Sec. 2, Crimes Act 1961

Question 6

Definition of 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

Definition of 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
Sec. 128(1), Crimes Act 1961

Question 8

Definition of Rape

Answer 8

Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis –
▪ without person B’s consent to the connection,
and
▪ without believing on reasonable grounds that person B consents to the connection.
Sec.128 (2), Crimes Act 1961

Question 9

Definition of Unlawful Sexual Connection

Answer 9

Person A has unlawful sexual connection with Person B if Person A has sexual connection with Person B -
▪ without person B’s consent to the connection,
and
▪ without believing on reasonable grounds that person B consents to the connection
Sec.128 (3), Crimes Act 1961

Question 10

Definition of Sexual Connection

Answer 10

(a)​connection effected 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; or
(c)​the continuation of connection of a kind described in paragraph (a) or paragraph (b)
Sec 2, Crimes Act 1961

Question 11

Definition of the Other Person

Answer 11

Of the other person:

Person:
As per .1