Threat to Commit Sexual Offence

- Section 43 of the Crimes Act 1958
Threat to Commit Sexual Offence
Threat to Commit a Sexual Offence is charged where the police think someone has threatened to rape or sexually assault another person.

Examples of Threat to Commit a Sexual Offence

  • Someone threatens to rape another person.
  • Someone threatens to sexually assault another person’s daughter.
What are some of the possible defences to Threat to Commit a Sexual Offence
  • The threat did not relate to a sexual offence.
  • There was no threat.

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 was to rape or sexually assault?
Maximum penalty and court that deals with this charge

Prison PenaltyThreat to Commit a Sexual Offence has a maximum penalty of 5 years imprisonment.

This matter is a serious matter and is heard in the County Court before a judge and jury.

What is the legal definition of Threat to Commit a Sexual Offence

The legal definition of Sexual Assault by Compelling Sexual Touching is when somebody (A) threatens to rape to sexually assault another person (B) or a third person (C). The person threatening must:

  • Intend that the person they are threatening will believe; or
  • Believe that the person they are threatening will probably believe,

That the person threatening will carry out the threat.

A threat may be made by words or conduct and may be implicit or explicit.

Legislation

The section that covers this offence is section 43 of the Crimes Act 1958.

Elements of the offence

The prosecution must prove the following elements for an accused to be found guilty:

  • The accused made to another person (C) a threat to rape or sexually assault C or a third person (P); and
  • The accused intended that C will believe, or will probably believe, that the accused will carry out the threat; and
  • The threat, either by words or conduct, intended:
    • to sexually penetrate C or P without C or P's consent; or
    • to cause C or P, without C or P's consent, to sexually penetrate or sexually touch the accused, or C or P as the case requires, themselves, another person, or an animal; or
    • to cause C or P, without C or P's consent, to be sexually penetrated or sexually touched by another person or by an animal

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