Attempted Sexual Violation

Question 1

What is the difference between the offences Attempted Sexual Violation and Assault With Intent To Commit Sexual Violation?

Answer 1

1. an attempt to commit sexual violation does not necessarily involve an assault
2. an assault with intent to commit sexual violation may not be sufficiently proximate to he full offence to constitute an attempt.

Question 2

Attempts to commit sexual violation legislation

Answer 2

Section 129 (1) every one who attempts to commit sexual violation is liable to imprisonment for a term not exceeding 10 years

Question 3

To be guilty of an attempt to commit on offence a person must:

Answer 3

• intend to commit the offence; and

- take a real and substantiated step towards achieving that aim

Question 4

Definition of intent

Answer 4

• deliberate act intended to produce a specific result
• a deliberate act or omission
• must be more than involuntary or accidental

Question 5

Mens rea for attempted sexual violation

Answer 5

Same mental element for sexual violation

only difference is that in an attempt the offender is unsuccessful in effecting the intended sexual connection

Question 6

Mens rea for attempted sexual violation - what must the crown prove

Answer 6

At the time of the defendants conduct they -

• intended to have sexual connection with the complainant, and
• the complainant did not consent to the intended sexual connection, and
• the defendant did not believe on reasonable grounds that the complainant was consenting.

Question 7

R v Harpur (attempts)

Answer 7

An attempt includes “an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime”

Question 8

What will the court analyse to determine “sufficient proximity”?

Answer 8

• defendants conduct at the relevant time
• in conjunction with evidence of his intent
• based on the circumstances and any steps leading up to that point

Question 9

R v Harpur (sufficiently proximate)

Answer 9

“The curt may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops … the defendants conduct may be considered in its entirety. Considering how much remains to be done is always relevant, though not determinative”

Question 10

The American Model Penal Code examples that may constitute an attempt to commit an offence:

Answer 10

1. lying in wait, searching for, or following a contemplated victim
2. enticing the victim to go to the scene of the contemplated crime
3. reconnotoiring the scene of the contemplated crime
4. unlawful entry of a structure, vehicle, or enclosure in which it is contemplated that the offence will be committed
5. possession, collection, or fabrication of materials to be employed in the commission of the offence
6. soliciting an innocent agent to engage in conduct constituting an element of the offence.