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

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.

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?