Attempted Sexual Violation

Question 1

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

Answer 1

• Intend to commit the offence AND
• Take a real and substantial step towards achieving that aim

Question 2

Intent to commit the offence

Answer 2

The Crown must prove that the Defendant intended to commit the full act of sexual violation, and acted as he did for the purpose of achieving that aim.

Question 3

Definition of Intent

Answer 3

Two specific types of intention in the offence
- There must be an intention to commit the act
- An intention to get a specific result

Deliberate Act:
Intent means that act or omission must be done deliberately. The act must be more than involuntary or accidental.

Intent to produce a specific result:
“Aims, object or purpose.”

Question 4

Proving Intent

Answer 4

Onus is on the Prosecution to prove intent.

Circumstantial evidence from which an offender’s intent may be inferred can include:

• Offenders actions and words before, during and after the event.
• The surrounding circumstances
• The nature of the act itself

Question 5

What must be proved for attempted violation the Crown must prove that at the time of the Defendant’s conduct?

Answer 5

• 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