Assault with Intent to Rape
This offence was repealed on 1 July 2015 and was replaced by “Assault With Intent to Commit a Sexual Offence“.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.
Assault with intent to rape is a very serious offence that will normally result in a gaol term if you are found guilty.
This charge is generally laid in situations where there is no completed act of rape in an incident.
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.
Defences to this may arise from whether any intention was there to commit an offence. Or another defence might be whether there was any definite intention to rape. Or it might just be a factual dispute that none of it happened in the way the other person has said.
This is a strictly indictable charge which means that your case must be heard in the County Court.
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.
The section that covers this offence is section 40 of the Crimes Act.
In 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
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
What is the legislation for the charge of Assault with intent to rape?
The legislation for this offence can be found on section 40 of Crimes Act 1958.
Case studies related to the charge of Assault with intent 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
You may also visit this page to view sentencing decisions by Victorian County Courts for the offence of Assault With Intent to Commit Sexual Offence.