s42 Assault with Intent to Commit a Sexual Offence

Have you been charged with Assault with Intent to Commit a Sexual Offence?

Being charged with this offence may have very serious ramification. Not only does the accused have to answer to the allegation of an assault it is compounded by the intention to commit a sexual offence. Therefore, consult a specialist criminal lawyer before proceeding further.

There are a number of things to consider if you have been charged with this offence.

• Can the prosecution make out their case? Did you assault another person?
• Did you intend to assault that person?
• Did you threaten to?
• Did you intend to commit a sexual offence against that person?

You should be aware that pleading guilty to this charge carries a maximum penalty of 15 years imprisonment.

Please read below for more information relating to this charge. See here for more information on sex offences.

The offence

Section 42 of the Crimes Act 1958.

The prosecution must prove:

1. The defendant assaulted or threatened to assault another person; and
2. The defendant possessed the intent to commit a sexual offence.

The maximum penalty

Level 4 imprisonment being a maximum of 15 years.

Where will my case be heard?

Assault with Intent to Commit a Sexual Offence cases will usually be heard in the County Court of Victoria.

Questions to consider

Do you have a defence?

If you are pleading guilty, what can you do to minimise your sentence?

What to do next?

Consult a specialist criminal lawyer urgently. Don’t delay until the last minute. Adequate time for your lawyer to prepare is critical in achieving positive outcomes.

If you have been charged with Assault with Intent to Commit a Sexual Offence make an appointment to see us today.

The legislation

Section 42 Assault with intent to commit a sexual offence

    (1)     A person (A) commits an offence if—

        (a)     A intentionally applies force to another person (B); and

        (b)     B does not consent to the application of that force; and

        (c)     at the time of applying that force A intends that B take part in a sexual act; and

        (d)     A does not reasonably believe that B would consent to taking part in that sexual act.

    (2)     A person who commits an offence against subsection (1) is liable to level 4 imprisonment (15 years maximum).

    (3)     A may commit an offence against subsection (1) even if B is not aware of the application of force by A.

    (4)     Force for the purposes of subsection (1) may be applied—

        (a)     directly or indirectly; or

        (b)     to the body of, or to clothing or equipment worn by, B.

    (5)     In subsection (1)—

“application of force” includes—

        (a)     application of heat, light, electric current or any other form of energy; and

        (b)     application of matter in solid, liquid or gaseous form.