Assault with Intent to Rape


In Victoria, the offence of Assault with Intent to Rape carries a maximum penalty of 10 years imprisonment.

Legislation

The offence is contained in section 40 of the Crimes Act which states:

A person must not assault or threaten to assault another person with intent to commit rape.

What the police must prove

To find you guilty of assault with intent to rape, the police must prove beyond reasonable doubt that you:

  1. Assaulted or threatened to assault the victim; AND
  2. At the time you intended to commit the offence of rape.

The definition of ‘assault’ is set out in section 31(2) of the Crimes Act and means the direct or indirect application of force by a person to the body, clothing or equipment worn by another person that is:

  • Without lawful excuse; AND
  • Intentional or reckless as to the infliction of bodily injury, pain, discomfort, damage, insult or deprivation of liberty; AND
  • Results in such a consequence (whether of the kind intended or foreseen).

When considering whether you intended to commit the offence of rape, the court will look at the circumstances of the assault and anything you said.

What court will hear this matter?

The matter is an indictable offence, meaning it is usually heard in the County Court. In some circumstances it can be dealt with in Magistrates’ Court.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

WHERE TO NEXT?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.

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