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Assault with intent to rape
Assault with intent to rape
Sexual Offences - VIC
The Law - Assault with intent to rape
What the Law states - Assault with intent to rape
Crimes Act 1958 - SECT 40
Assault with intent to rape40. Assault with intent to rape
(1) A person must not assault or threaten to assault another person with intent to commit rape.
Penalty: Level 5 imprisonment (10 years maximum).
(2) In subsection (1), assault has the same meaning as in section 31(1).
(8B) Incest
Maximum Penalty in Victoria
10 years
What the Prosecution must prove - Assault with intent to rape - Vic
(a) The accussed intented to commit an offence.
(b) The offence would, if committed, necessarily involve an intention to rape.
Street names for Assault with intent to rape
Sexual assault
Possible Defences - Assault with intent to rape
(a) Consent.
(b) Duress.
(c) Factual dispute.
(d) Identification dispute.
(e) Lack of intent.
Which court will hear the charge of Assault with intent to rape
County Court.
Article published on 01/09/2009. To check if any changes to the law please discuss with one of our lawyers.
