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Assault with intent to rape
Assault with intent to rape
Written by
Bill Doogue
Criminal Defence Lawyer
What the Law states - Assault with intent to rape
Crimes Act 1958 - SECT 40
Assault with intent to rape40. 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).
(8B) Incest
Maximum Penalty in Victoria
The maximum penalty for a charge of assault with intent to rape 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 Prosecution must prove - Assault with intent to rape - Vic
(a) The accussed intented to commit an offence.
(b) The offence would, if committed, necessarily involve an intention to rape.
Street names for Assault with intent to rape
Sexual assaultPossible Defences - Assault with intent to rape
(a) Consent.
(b) Duress.
(c) Factual dispute.
(d) Identification dispute.
(e) Lack of intent.
Which court will hear the charge of Assault with intent to rape
The charge of assault with intent to rape is heard in the County Court.
