This offence was repealed on 1 July 2015 and was replaced by "Assault With Intent to Commit a Sexual Offence". You will be charged under this old section (Assault With Intent to Rape) if the alleged offence occurred before 1 July 2015.
DefencesIn a case of Assault with intent to rape, the following defences may be applicable to the charge:
- Lack of Intent
- Factual Dispute and Concept of Beyond Reasonable Doubt
You should ring us and discuss your case if you have been charged.
Deciding on whether to plead guilty or not has huge consequences for you and should be made after proper discussion with a criminal lawyer.
What penalties can be imposed for a charge of Assault with intent to rape?
- Deferral of Sentencing
- Without Conviction Order
- Adjournment of the Charges on Undertaking (Good Behaviour Bond)
- Community Corrections Order
- Suspended Prison Sentence
- Detention in Youth Residential Centre or Youth Training Centre
- Term of Imprisonment
LegislationThe legislation for this offence can be found on section 40 of Crimes Act 1958.
In essence, to prove this accusation, the prosecution must show that the accused intended to commit an offence and that would necessarily have involved an intention to rape.
Links to further information about the charge of Assault with intent to rape:
- FindLaw: Assault with intent to rape
- Victorian Sentencing Manual: Assault with intent to rape case collection