Procuring a Sexual Act By Threat
– Section 44 of the Crimes Act 1958
Procuring a Sexual Act by Threat is charged where the police think someone (A) has threatened another person (B) with physical violence or some other kind of harm to B, a third person (C), or an animal, and as a result of the threat the other person B takes part in a sexual act with another person.
Examples of Procuring a Sexual Act by Threat
- Someone (A) threatens to hurt another person if that person (B) doesn’t have sex with them.
- Someone (A) threatens to kill another person (B)’s dog if the other person does not perform oral sex on (A).
What are some of the possible defences to Procuring a Sexual Act by Threat
- There was no threat.
- The person making the threat did not intend, as a result of their threat, that the sexual act would occur.
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires and individual approach and strategy.
Questions in cases like this
- How can they prove a threat has been made?
- How can they prove the threat resulted in a sexual act?
Maximum penalty and court that deals with this charge
Procuring a Sexual Act by Threat has a maximum penalty of 10 years imprisonment. This matter will likely be heard in the Magistrates’ Court.
What is the legal definition of Procuring a Sexual Act by Threat
The legal definition of Procuring a Sexual Act by Threat is when somebody (A):
- Makes a threat to another person (B) that (A) will harm another person or an animal; and
- (A) intends that (B) will believe, or believes that (B) will probably believe, that (A) will cause the harm they are threatening; and
- As a result of (A)’s threat, person (B) takes part in a sexual act with another person; and
- (A) intends that, as a result of their threat, the sexual act will occur.
The sexual act may occur at the time of the threat or at a later time.
A threat may be made by words or conduct and may be implicit or explicit.
The section that covers this offence is section 44 of the Crimes Act 1958.
Elements of the offence
The prosecution must prove the following elements of this offence:
- A person makes a threat of harm to a person, about another person or an animal.
- The person making the threat intends that the person will believe or probably believe that the threat will lead to harm.
- As a result of the threat a sexual act occurs. This can occur at the time of the threat or a later time.
- The person making threat had intended for a sexual act to occur because of the threat.