Assault with Intent to Rape

Published Updated September 12, 2018 · Updated Updated September 7, 2021

This offence was repealed on 1 July 2015 and was replaced by "Assault With Intent to Commit a Sexual Offence".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.

This charge is generally laid in situations where there is no completed act of rape in an incident.

Defences

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

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.

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
Diversion
Without Conviction Order
Adjournment of the Charges on Undertaking (Good Behaviour Bond)
Fine
Community Corrections Order
Suspended Prison Sentence
Detention in Youth Residential Centre or Youth Training Centre
Term of Imprisonment

Assault with intent to rape is a very serious offence that will normally result in a gaol term if you are found guilty. This is a strictly indictable charge which means that your case must be heard in the County Court.

Legislation

The 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.