Assault with Intent to Commit a Sexual Offence: The Law in Victoria

by Doogue + George Criminal Defence Lawyers

Assault with Intent to Commit a Sexual Offence: The Law in Victoria                                                       

Assault with Intent to Commit a Sexual Offence is a criminal charge in the state of Victoria. It may be filed against a person who assaulted another person with the intention of forcing them into a sexual act.

Examples of Assault with Intent to Commit a Sexual Offence    

  • A man grabs a stranger in a suburban park and forces her to the ground with the intention of forcing her to perform oral sex on him, when 2 passersby arrive at the scene. The man then flees.
  • A man forces his way into a stranger’s house and tries to force sex on her. The man runs away when the woman calls the police.

What are possible defences to an Assault with Intent to Commit a Sexual Offence charge?

  • The sexual act was consensual.
  • There was no intention to commit a sexual offence.

There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

 Questions in cases like this

  • How do they prove the intention to commit a sexual offence?
  • Was the sexual interaction consensual?

Maximum penalty and Court that deals with this charge

The maximum penalty for this offence is level 4 imprisonment (15 years).

This is an indictable offence, which means that it must be heard in the County Court.

Legislation

The section that covers this offence is section 42 of the Crimes Act 1958.

What can you be sentenced to for this charge?

Assault with Intent to Commit a Sexual Offence is a very serious offence that will normally result in a gaol term if you are found guilty.

If you are facing a charge of Assault with Intent to Commit a Sexual Offence, find a lawyer immediately. Speak with an accredited criminal law specialist from Doogue + George Defence Lawyers. We are experienced in providing expert legal representation to people accused of sexual offences and other crimes.

 To view relevant case studies and the references used for this article, visit this page where this article was originally published: https://www.criminal-lawyers.com.au/offences/assault-with-intent-to-commit-a-sexual-offence.



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