Assault With Intent To Commit Sexual Violation

Question 1

Section and act

Answer 1

Sec 129 (2) Crimes Act 1961

Question 2

Penalty

Answer 2

10 Years Imprisonment

Question 3

Ingredients

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 notice or circumstantial evidence.

Question 5

Assault

Answer 5

Assault means the act of applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act of 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 the present ability to effect his purpose.

Sec 2 Crimes Act 1961

Question 6

Intent

Answer 6

Mean to do it. They desire a specific result and act with the aim or purpose of achieving it.

Question 7

Case law:

R v Mohan

Answer 7

A decision to bring about, in so far as it lies within the accused’s powering, the commission of an offence.

Question 8

Case law:

R v Waaka

Answer 8

A fleeting or passing thought is not sufficient.There must be a firm intent or firm purpose to effect an act.

Question 9

Sexual Violation

Answer 9

Sexual Violation is the act of a person who:

(a) rapes another person or
(b) has sexual connection with another person.

Sec 128 (1) Crimes Act 1961

Question 10

Rape

Answer 10

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 -

(a) without person B’s consent to the connection and
(b) without believing on reasonable grounds that person B consents to the connection.

Section 128 (2), Crimes Act 1961

Question 11

Sexual Connection - Sec 2 Crimes Act 1961

Answer 11

(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 12

Of The other Person

Answer 12

Gender neutral. Proven by judicial notice or circumstantial evidence.