Assault with intent to commit sexual violation

Question 1

Describe two situations that can arise out of 2 different intentions for committing assault against the Victim.

Answer 1

1) Assaulting the person in the hope that they would change their mind and consent to the act (would be an assault or indecent assault only)
2) Assaulting the person with the intent to commit rape or sexual connection regardless if the Victim changes their mind or not. (Assault with intent to commit sexual violation or attempted sexual violation)

Question 2

Describe 2 incidents where you might charge an offender for assault with intent to commit sexual violation?

Answer 2

• When the offender assaults the Victim because they are intent on having sexual intercourse with the victim and obtaining the victims consent for that
• As an alternative to attempted sexual violation particularly when the proximity between the assault and intended sexual violation is an issue.

Question 3

What must you prove for mens rea in relation to assault with intent to commit sexual violation?

Answer 3

• The offender intended to have sexual connection with the complainant
• The complainant did not consent to the connection
• The Defendant did not believe on reasonable grounds that the complainant was consenting.