Attempted Sexual Violation

Question 1

Assault with Intent to Commit Sexual Violation Liability

Answer 1

Assault with Intent to Commit Sexual Violation
Section 129(2), Crimes Act 1961
(1) A person
(2) Assaults
(3) Another person
(4) With intent to commit sexual violation of the other person

Question 2

Attempts to commit sexual violation Liability

Answer 2

Attempts to commit sexual violation
Section 129(1), crimes Act 1961
(1) a person
(2) attempts to commit sexual violation 
(3) of another person

Question 3

Attempts Legislation

Answer 3

Section 72, Crimes Act 1961
Attempts
(1) Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
(2) The question whether an act done or omitted with intent to commit an offence is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.
(3) An act done or omitted with intent to commit an offence may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing the intent to commit that offence.

Question 4

What must crown prove for attempts

Answer 4

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 5

Intent for criminal acts

Answer 5

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

Intent to produce a result:
The second type of intent is an intent to produce a specific result. In this context result means “aim, object, or purpose”.

Question 6

Evidence intent can be inferred from

Answer 6

Circumstantial evidence from which an offender’s intent may be inferred can include:
• the offender’s actions and words before, during and after the event
• the surrounding circumstances
• the nature of the act itself.

Question 7

What must crown prove for attempted unlawful sexual connection?

Answer 7

• 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

To be guilty of an attempt the defendant must have progressed past the stage of preparation and started a process intended to lead to the commission of the full offence.

Question 8

Attempts Case Law

Answer 8

R v Harpur (2010) 24 CRNZ 909
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”.

R v Harpur (2010) 24 CRNZ 909
“[The Court may] have regard to the conduct viewed cumulatively up to the point when the conduct in question stops …the defendant’s conduct [may] be considered in its entirety. Considering how much remains to be done … is always relevant, though not determinative.”

Question 9

What is Sufficiently Proximate mean?

Answer 9

There are no criteria set down in legislation or case law to assist in determining whether a defendant’s actions did or did not amount to an attempt; each scenario must be analysed on a case-by-case basis.
However, the court did refer to the American Model Penal Code as providing examples of acts that may constitute an attempt to commit an offence, such as:
• lying in wait, searching for or following the contemplated victim
• enticing the victim to go to the scene of the contemplated crime
• reconnoitring the scene of the contemplated offence
• unlawful entry of a structure, vehicle or enclosure in which it is contemplated that the offence will be committed
• possession, collection or fabrication of materials to be employed in the commission of the offence
• soliciting an innocent agent to engage in conduct constituting an element of the offence

Question 10

Assault definition

Answer 10

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 11

Penalty for Assault with intent to commit sexual violation

Answer 11

10 years

Question 12

Penalty for Attempts to commit sexual violation

Answer 12

10 years

Question 13

Intent to commit offence

Answer 13

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.