Have you been Charged with Assault with Intent to Commit a Sexual Offence?

What does it mean to be charged with Intent to Commit a Sexual Offence?

Being charged with assault with intent to commit a sexual offence is a serious allegation that involves the application of force to another person without their consent, with the intention of engaging that person in a sexual act. This charge emphasises not only the act of assault but also the specific intent behind it. This offence is covered under Section 42 of the Crimes Act (“CA”).

What does ‘Force’ mean in relation to sexual offences?

Section 42 (4) of the CA states:

“Force” may be applied:

• • (a) Directly or indirectly; or
  • (b) To the body of, or to clothing or equipment worn by, the person (B).

Further Clarification:

• The term “application of force” includes:
  • (a) Application of heat, light, electric current, or any other form of energy; and
  • (b) Application of matter in solid, liquid, or gaseous form.

What must the prosecution prove?

To secure a conviction, the prosecution must prove the following elements:

1. Assault or Threat of Assault:
   • You (referred to as “A”) must have assaulted or threatened to assault another person (referred to as “B”). This means that A intentionally applied physical force or created a reasonable fear of such force against B.

       2. Possession of Intent to Commit a Sexual Offence:

• • At the time of the assault, A must have had the intent to commit a sexual offence against B. This indicates that A’s actions were aimed at engaging B in a sexual act, demonstrating a clear intention for sexual conduct that goes beyond a mere physical assault.

Penalties for Intending to Commit a Sexual Offence:

This is considered a serious offence which carries with it a level 4 imprisonment being a maximum of 15 years.

Where will my case be heard?

Assault with Intent to Commit a Sexual Offence cases will be heard in the County Court of Victoria.

Factors and Defences to Consider:

• What was the nature of the assault?
• Did you receive or interpret consent from the victim?
• What were your intentions and motivations during the assault?
• What was your relationship with the victim?
• Did you intend your act to be sexual in nature?
• Did you apply force to the victim?
• Do you have any mental health or cognitive impairment conditions?
• Do you have an alibi?
• Do you have any previous convictions of a similar nature to this offence?
• What were the surrounding circumstances of this offence?

Sex Offences Charges

• Offence to Perform Female Genital Mutilation
• Intention of Having Prohibited Female Genital Mutilation Performed
• Sexual Activity with the Corpse of Human Being
• Rape or Rape by Compelled Penetration
• Sexual Assault
• Sexual Assault by Compelling Sexual Touching
• Assault with Intent to Commit a Sexual Offence
• Threat to Commit a Sexual Offence
• Procuring Sexual Act by Threat or Procuring Sexual Act by Fraud
• Administration of an Intoxicating Substance for a Sexual Purpose
• Failing to Comply with Sex Offender Reporting
• Abduction or Detention for a Sexual Purpose
• Furnishing False or Misleading Information
• Indecent Act with a Child Under the Age of 16
• Sexual Activity Directed at Another Person
• Sexual Penetration of a Child Under the Age of 12
• Sexual Penetration of a Child Aged 16 or 17 Under Care, Supervision, or Authority
• Sexual Assault of a Child Aged 16 or 17 Under Care, Supervision, or Authority
• Sexual Activity in the Presence of a Child Aged 16 or 17 Under Care, Supervision or Authority
• Causing a child aged 16 or 17 under care, supervision, or authority to be present during sexual activity
• Persistent Sexual Abuse of a Child Under the Age of 16
• Encouraging a Child Aged 16 or 17 Under Care, Supervision or Authority to Engage in, or Be Involved in, Sexual Activity
• Grooming for Sexual Conduct with a Child under the Age of 16
• Loitering Near Schools Etc by a Sexual Offender
• Failure by a Person in Authority to Protect a Child from a Sexual Offence

• Abduction or Detention of a Child Under the Age of 16 for a Sexual Purpose
• Causing or Allowing a Sexual Performance Involving a Child
• Inciting or Offering a Sexual Performance Involving a Child
• Facilitating a Sexual Offence Against a Child
• Sexual Penetration of a Child or Lineal Descendent
• Sexual Penetration of a Stepchild
• Sexual Penetration of a Parent, Lineal Ancestor or Stepparent
• Sexual Penetration of a Sibling or Half-Sibling
• Sexual Offences Against People with Impaired Mental Functioning (Repealed 2016)
• Child in the Production of Child Abuse Material
• Distributing Child Abuse Material
• Administering a Website Used to Deal With Child Abuse Material
• Accessing Child Abuse Material
• Assisting a Person to Avoid Apprehension
• Sexual Assault of a Person with Cognitive Impairment or Mental Illness
• Using Force, Threat etc. to Cause Another Person to Provide Commercial Sexual Services
• Causing Another Person to Provide Commercial Sexual Services in Circumstances Involving Sexual Servitude
• Aggravated Sexual Servitude
• Deceptive Recruiting for Commercial Sexual Services
• Bestiality
• Child Stealing
• Bigamy
• Abortion Performed by Unqualified Person
• Concealing the Birth of a Child

What happens next?

If you have been charged with intent to commit a sexual offence, your next step is to schedule an initial consultation with an expert at MK Law, where you’ll discuss your case in detail, allowing the lawyers to assess your situation and provide preliminary advice. They will then review the information, possibly request additional evidence or documentation, and tailor a defence strategy specific to your circumstances. MK Law will keep you updated throughout the process, offering legal advice and preparing you for any court appearances. If your case proceeds to court, MK Law will represent you, advocating for the best possible outcome. To start, simply reach out by phone on 1800 130 120 or through their website to arrange the consultation.

 For more information on specific charges regarding sexual assault, see our other publications.