Sexual Offences – VIC

Welcome to the VIC Assault with intent to rape article page. Everything you need to know about Assault with intent to rape according to VIC law.

What the Law States according to VIC Law for Assault with intent to rape

According to VIC Law for the charge of Assault with intent to rape,

Crimes Act 1958 – SECT 40
Assault with intent to rape

40. Assault with intent to rape

(1) A person must not assault or threaten to assault another person with intent to commit rape.

Penalty: Level 5 imprisonment (10 years maximum).

(2) In subsection (1), assault has the same meaning as in section 31(1).

The Maximum Penalty – Assault with intent to rape

According to VIC Law for the charge of Assault with intent to rape, the maximum penalty is 10 years imprisonment.

The charge of assault with intent to rape is defined in section 3 of the Sentencing Act 1991 as a serious offence. Offenders who commit a serious offence on or after 1 May 2011 will no longer be eligible for a suspended sentence in any of the Courts.

What the Police must prove according to VIC Law for Assault with intent to rape

(a) The accussed intented to commit an offence.
(b) The offence would, if committed, necessarily involve an intention to rape.

Possible Defences under VIC Law – Assault with intent to rape

(a) Consent
(b) Duress
(c) Factual dispute
(d) Identification dispute
(e) Lack of intent

In VIC which court will hear the matter – Assault with intent to rape

The charge of assault with intent to rape is heard in the County Court.

Street Names for Assault with intent to rape

Sexual assault

 

Date: 09/01/2009