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Threat to Commit Sexual Offence

Name: Doogue + George Defence Lawyers
Address: Level 5/221 Queen St, Melbourne, VIC, 3000, AU
Telephone: (03) 9670 5111
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Author: Dee Giannopoulos

Practice area: sex offences

Dee is a Director at Doogue + George and an LIV Accredited Criminal Law Specialist, recognised by Doyle's Guide as a Leading Criminal Defence Lawyer in Victoria (2026), with extensive experience in adult and child sex offence matters. Her depth of experience in this area means clients receive accurate, considered advice.

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Dee authored this content and last revised it for accuracy on 7 August 2026.

What is the offence of Threat to Commit Sexual Offence?

Threat to Commit a Sexual Offence is an indictable offence under section 43 of the Crimes Act 1958 (Vic). It criminalises making a threat to rape or sexually assault another person, or a third party, in circumstances that meet the statutory mental element required by the legislation.

Key points

Prosecution must prove: A threat to rape or sexually assault and the required intention or belief that the person threatened would believe the threat would be carried out.
Nature of conduct: The threat may be made by words or conduct and can be implicit or explicit.
Court jurisdiction: Heard in the County Court before a judge and jury.

The maximum penalty for Threat to Commit Sexual Offence is 5 years imprisonment.

Common defences may include the alleged threat did not relate to a sexual offence; there was no threat.

Do the Police say that you made a threat to commit a sexual offence? You should call us to arrange a confidential conference with one of experienced defence lawyers. You must know everything about the process so that you do not say or do anything which prevents you from running a defence. There are two advantages to using our firm which distinguish us from others:

We specialise in sex offence matters, and
We have in-house counsel who can run your case if it goes to trial. Therefore, we can create a defence strategy for you even before you attend the Police station for an interview.

You need to know your rights from the very beginning. You also need to have a plan from the very beginning.

Our lawyers are experienced in representing people charged with Threat to Commit a Sexual Offence. We know what issues in the Police investigation to look for to secure an acquittal.

Police interview for Threats to Commit a Sexual Offence

If the Police want to speak with you about an allegation of Threat to Commit Sexual Offence, speak with us before the Police. Anything you tell the Police can make running a defence more difficult. You need to be advised how to protect yourself during the entire process. Sometimes, waiting until after the Police interview before speaking with a lawyer can be too late. The Police are trained investigators and know how to get admissions.

If you do not feel comfortable going to the Police station by yourself, we can go with you. We have sat on many Police interviews and protected our clients from answering questions they are not required to answer. Dealing with criminal charges requires foresight and strategic thinking.

Pleading not guilty

Our lawyers are experts in sex charges. You want a lawyer who will fight for you. Have the Police not provided all the evidence or not taken statements from all the witnesses? Is there evidence that proves you are not guilty? Are there people we can take statements from?

Pleading guilty

Our lawyers have achieved great outcomes for people who have pleaded guilty to Threat to Commit a Sexual Offence. We work closely with our clients to ensure that they get the best outcome. The key to a good plea is making sure that you get the necessary documents and reports, and help the Judge to understand your story.

Contact an expert in charges of Threat to Commit a Sexual Offence on (03) 9670 5111.
We provide a free first phone conference.
Download our free booklet to learn more about the Investigation and Court process.

Which court will the case be heard in?

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 Threat to Commit a Sexual Offence is when somebody (A) threatens to rape or 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.

Examples of Threat to Commit a Sexual Offence

Someone threatens to rape another person.
Someone threatens to sexually assault another person’s daughter.

Legislation

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

Threat to commit a sexual offence
A person (A) commits an offence if—
A makes to another person (B) a threat to rape or sexually assault B or a third person (C); and
A intends that B will believe, or believes that B will probably believe, that A will carry out the threat.
Words or conduct may constitute a threat for the purposes of subsection (1) if by those words or that conduct an intention to do any of the following is conveyed—
to sexually penetrate or sexually touch B or C without B or C’s consent;
to cause B or C, without B or C’s consent, to sexually penetrate or sexually touch—
A; or
C or B (as the case requires); or
themselves; or
another person; or
an animal;
to cause B or C, without B or C’s consent, to be sexually penetrated or sexually touched by another person or by an animal.
A person who commits an offence against subsection (1) is liable to level 6 imprisonment (5 years maximum).
For the purposes of this section, a threat may be made by words or conduct and may be explicit or implicit.¹

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

Defences

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 an individual approach and strategy.

Questions in cases like this

How can they prove that a threat has been made?
How can they prove that the threat was to rape or sexually assault?

Maximum penalty for section 43 of the Crimes Act 1958

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

Sentencing

By pleading guilty to Threat to Commit a Sexual Offence, you may receive a prison sentence or a Community Correction Order. You can reduce your risk of receiving a prison sentence by:

Demonstrating sincere remorse,
Undertaking a course to address the offending,
Providing character references which demonstrates your otherwise good character.

The Court in DPP v Bolton said that a Community Correction Order allows a sentencing Court to tailor a punishment that promotes rehabilitation. However, properly prepared submissions need to be made to persuade the Court that you are open to receiving treatment.

Sentencing in the Magistrates’ Court of Victoria

Source: Sentencing Advisory Council of Victoria (SACStat), Crimes Act 1958 (Vic) s 43(1) — 79 charges across 71 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.

Sentencing outcome	%
Imprisonment	60.8%
Community Correction Order	19.0%
Adjourned Undertaking	17.7%
Fine	2.5%

These figures indicate that there is a significant likelihood of imprisonment for this offence. However, courts may also impose community-based penalties depending on the circumstances. The sentence ultimately imposed will depend on factors such as the seriousness of the threat, the impact on the victim and the offender’s personal circumstances.

FAQ About Threat to Commit Sexual Offence

Can you be charged for threatening to rape or sexually assault someone even if nothing physically happened?

Yes. The offence focuses on the making of the threat itself. A person can be charged where they threaten to rape or sexually assault another person, or a third party, and the required mental element is present. The law does not require that any physical sexual act actually take place for the charge to be laid.

Do threats made during arguments or heated exchanges count as a sexual offence?

Threats made in any context, including during arguments, can amount to this offence if they involve a threat to rape or sexually assault and satisfy the required intention or belief element. The form of the words is not decisive; what matters is whether the communication amounts to a qualifying threat under the legislation.

What if the threat was implied rather than clearly stated?

An implied threat can still fall within the offence. The law recognises that a threat may be implicit or explicit. If the words or conduct convey an intention to commit rape or sexual assault, and the required mental element is established, it can meet the definition of the offence.

Can body language or behaviour alone lead to a charge of threatening to commit a sexual offence?

Yes. A threat may be made by conduct as well as by spoken or written words. If a person’s actions communicate an intention to rape or sexually assault another person, and the necessary mental element is present, that conduct can amount to the offence.

Does the offence cover threats involving sexual touching as well as rape?

Yes. The offence extends to threats involving sexual penetration or sexual touching without consent. It also includes threats to cause another person to sexually penetrate or sexually touch someone without consent. The threatened conduct must fall within the scope of rape or sexual assault.

Is threatening to sexually assault someone treated as a serious criminal charge in Victoria?

Yes. The charge is treated as a serious indictable matter and is heard in the County Court before a judge and jury. The court structure and available penalty reflect the seriousness with which Victorian law treats threats involving sexual violence.

_{[1] Australian legal Information Institute. “Crimes Act 1958 – Section 43: Threat to commit a sexual offence.” Austlii.edu.au. http://classic.austlii.edu.au/au/legis/vic/consol_act/ca195882/s43.html (accessed June 22, 2020).}

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