Liability 129(2) Flashcards
Assault with Intent to Commit Sexual Violation
Section and Penalty
Section 129(2) Crimes Act 1961
10 Years Imprisonment
Assault with Intent to Commit Sexual Violation
Ingredients
.1 A person
.2 Assaults another person
.3 With intent to commit sexual violation
.4 Of the other person
.1 A person
Gender neutral. Proven by judicial notice or circumstantial evidence.
.2 Assaults another person
Assault:
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 of gesture to apply such force to a 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.
Sec. 2, Crimes Act 1961
.3 With intent to commit sexual violation
Intent:
In the criminal law context, there are two specific types of intention. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.
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Sexual violation:
(1) Sexual violation is the act of person who -
(a) rapes another person; or
(b) has unlawful sexual connection with another person
Sec. 128(1), Crimes Act 1961
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Rape:
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,
AND
(b) without believing on reasonable grounds that Person B consents to the connection.
Sec. 128(2), Crimes Act 1961
OR
Unlawful Sexual Connection:
Person A has unlawful sexual connection with Person B if Person A has sexual connection with Person B - ,
(a) without Person B’s consent,
AND
(b) without believing on reasonable grounds that Person B consents to the connection.
Sec. 128(3), Crimes Act 1961
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Sexual Connection:
(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 an a part of another person’s genitalia or anus; or
(c) the continuation of connection of a kind described in paragraph (a) or (b).
Sec. 2, Crimes Act 1961
.4 Of the other person
Gender neutral. Proven by judicial notice or circumstantial evidence.