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Assault with intent to rape

Criminal Lawyers Melbourne
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Written by
Bill Doogue
Criminal Defence Lawyer


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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 rape

40. 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


The maximum penalty for a charge of assault with intent to rape is 10 years imprisonment.

The charge of assault with intent to rape is defined in section 3 of the Sentencing Act 1991 as a serious offence. Offenders who commit a serious offence on or after 1 May 2011 will no longer be eligible for a suspended sentence in any of the Courts.

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


The charge of assault with intent to rape is heard in the County Court.
Appeal Assault with intent to rape Charge
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
Criminal Lawyers Melbourne