Assault with intent to commit sexual violation

Question 1

Assault with intent to commit sexual violation Legislation

Answer 1

Section 129(2) Crimes Act 1961 (2)

Every one who assaults another person with intent to commit sexual violation of the other person is liable to imprisonment for a term not exceeding 10 years

Question 2

Assault defined

Answer 2

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

Question 3

Mens Rea requied for Assault with intent to commit sexual violation - what 3 things must be proved

Answer 3

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

• 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 4

When you might file a charge for Assault with intent to commit sexual violation

Answer 4

• 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)