Have you been Charged with Threat to Commit a Sexual Offence?
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What does it mean to be charged with Threat to Commit a Sexual Offence?
A charge of Threat to Commit a Sexual Offence involves making a threat to another person to engage in a sexual act without their consent, coupled with the intent that the person who receives the threat believes, or will likely believe, that the threat will be carried out. This offence is covered under Section 43 of the Crimes Act 1958 (“CA”).
A threat can be interpreted based on both the conduct and the context in which the words were spoken, or actions performed. Therefore, a threat does not have to be verbally explicit; it can be implied through gestures, actions, or circumstances that lead the victim to believe that the sexual offence will likely occur.
What must the prosecution prove?
For the charge of Threat to Commit a Sexual Offence, the prosecution must prove the following elements beyond a reasonable doubt:
- A Threat Was Made:
- The accused (A) made a threat to another person (B) or a third person (C) to rape or sexually assault them.
- This threat can be made through words or conduct and can be explicit (clearly stated) or implicit (suggested or implied through actions).
- The Nature of the Threat: The threat must involve one or more of the following:
- To sexually penetrate or touch ‘B’ or ‘C’ without their consent.
- To cause ‘B’ or ‘C’, without their consent, to sexually penetrate or touch ‘A’, themselves, another person, or an animal.
- To cause ‘B’ or ‘C’, without their consent, to be sexually penetrated or touched by another person or by an animal.
- Intent:
- (A) intended that ‘B’ would believe, or believed that ‘B’ would probably believe, that ‘A’ would carry out the threat.
- Belief in Carrying Out the Threat:
- It must be proven that the accused intended for the victim (B) to fear or believe that the threat would be carried out.
The prosecution must prove each of these elements to secure a conviction for this offence. If any of these elements are not established beyond a reasonable doubt, the charge may fail.
Penalties for Threatening to Commit a Sexual Offence:
If convicted of this offence, the accused faces a maximum penalty of 5 years imprisonment (level 6 imprisonment).
Where will my case be heard?
Your case can be heard and decided in the Magistrates’ Court. However, if there are significant aggravating factors in the offence, and the magistrate considers the matter too serious, it may be transferred to a higher court to be dealt with as an indictable offence.
Factors and Defences to Consider:
- What was the nature of the threat?
- Did you intend for your words/actions to be threatening?
- Did you intend for the victim to believe the threat would be carried out?
- Were there any aggravating factors such as the presence of a weapon, previous threats, or prior violent behaviour?
- What was the nature of the relationship between you and the victim?
- Do you have any history of prior threatening or aggressive behaviour?
- Are there any relevant criminal records or allegations related to sexual offences?
- Do you have an alibi?
- What were the surrounding circumstances of the offence?
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Offence to Perform Female Genital Mutilation
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Intention of Having Prohibited Female Genital Mutilation Performed
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Sexual Activity with the Corpse of Human Being
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Rape or Rape by Compelled Penetration
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Sexual Assault
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Sexual Assault by Compelling Sexual Touching
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Assault with Intent to Commit a Sexual Offence
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Threat to Commit a Sexual Offence
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Procuring Sexual Act by Threat or Procuring Sexual Act by Fraud
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Administration of an Intoxicating Substance for a Sexual Purpose
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Failing to Comply with Sex Offender Reporting
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Abduction or Detention for a Sexual Purpose
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Furnishing False or Misleading Information
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Indecent Act with a Child Under the Age of 16
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Sexual Activity Directed at Another Person
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Sexual Penetration of a Child Under the Age of 12
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Sexual Penetration of a Child Aged 16 or 17 Under Care, Supervision, or Authority
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Sexual Assault of a Child Aged 16 or 17 Under Care, Supervision, or Authority
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Sexual Activity in the Presence of a Child Aged 16 or 17 Under Care, Supervision or Authority
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Causing a child aged 16 or 17 under care, supervision, or authority to be present during sexual activity
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Persistent Sexual Abuse of a Child Under the Age of 16
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Encouraging a Child Aged 16 or 17 Under Care, Supervision or Authority to Engage in, or Be Involved in, Sexual Activity
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Grooming for Sexual Conduct with a Child under the Age of 16
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Loitering Near Schools Etc by a Sexual Offender
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Failure by a Person in Authority to Protect a Child from a Sexual Offence
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Abduction or Detention of a Child Under the Age of 16 for a Sexual Purpose
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Causing or Allowing a Sexual Performance Involving a Child
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Inciting or Offering a Sexual Performance Involving a Child
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Facilitating a Sexual Offence Against a Child
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Sexual Penetration of a Child or Lineal Descendent
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Sexual Penetration of a Stepchild
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Sexual Penetration of a Parent, Lineal Ancestor or Stepparent
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Sexual Penetration of a Sibling or Half-Sibling
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Sexual Offences Against People with Impaired Mental Functioning (Repealed 2016)
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Child in the Production of Child Abuse Material
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Distributing Child Abuse Material
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Administering a Website Used to Deal With Child Abuse Material
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Accessing Child Abuse Material
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Assisting a Person to Avoid Apprehension
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Sexual Assault of a Person with Cognitive Impairment or Mental Illness
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Using Force, Threat etc. to Cause Another Person to Provide Commercial Sexual Services
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Causing Another Person to Provide Commercial Sexual Services in Circumstances Involving Sexual Servitude
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Aggravated Sexual Servitude
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Deceptive Recruiting for Commercial Sexual Services
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Bestiality
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Child Stealing
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Bigamy
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Abortion Performed by Unqualified Person
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Concealing the Birth of a Child
What happens next?
If you have been charged with Threatening to Commit a Sexual Act, 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.
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