Liability 129(2)

Question 1

Assault with Intent to Commit Sexual Violation

Section and Penalty

Answer 1

Section 129(2) Crimes Act 1961

10 Years Imprisonment

Question 2

Assault with Intent to Commit Sexual Violation

Ingredients

Answer 2

.1 A person

.2 Assaults another person

.3 With intent to commit sexual violation

.4 Of the other person

Question 3

.1 A person

Answer 3

Gender neutral. Proven by judicial notice or circumstantial evidence.

Question 4

.2 Assaults another person

Answer 4

Assault:
Assault means the act of intentionally applying or attempting to apply force to the person of another directly or indirectly, or threatening by any act of gesture to apply such force to a person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose.
Sec. 2, Crimes Act 1961

Question 5

.3 With intent to commit sexual violation

Answer 5

Intent:
In the criminal law context, there are two specific types of intention. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.
_____

Sexual violation:
(1) Sexual violation is the act of person who -
(a) rapes another person; or
(b) has unlawful sexual connection with another person
Sec. 128(1), Crimes Act 1961
_____

Rape:
Person A Rapes Person B if Person A has sexual connection with Person B effected by the penetration of Person B’s Genitalia by Person A’s penis - ,
(a) without Person B’s consent,
AND
(b) without believing on reasonable grounds that Person B consents to the connection.
Sec. 128(2), Crimes Act 1961

OR

Unlawful Sexual Connection:
Person A has unlawful sexual connection with Person B if Person A has sexual connection with Person B - ,
(a) without Person B’s consent,
AND
(b) without believing on reasonable grounds that Person B consents to the connection.
Sec. 128(3), Crimes Act 1961
_____

Sexual Connection:

(a) connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of -
(i) a part of the body of another person; or
(ii) an object held or manipulated by another person; or

(b) connection between the mouth or tongue of one person an a part of another person’s genitalia or anus; or

(c) the continuation of connection of a kind described in paragraph (a) or (b).
Sec. 2, Crimes Act 1961

Question 6

.4 Of the other person

Answer 6

Gender neutral. Proven by judicial notice or circumstantial evidence.