Section 42 of the Crimes Act 1958 (Vic) creates the offence of assault with intent to commit a sexual offence. In Victoria, the maximum penalty is 15 years imprisonment. Like all sexual offences, It is a serious offence. Anything that you say in a police interview or to anyone else can potentially have consequences for the further conduct of your case. Seeking legal advice at the earliest opportunity is of vital importance in order to enable us to properly and expertly prepare a strategy to manage your matter.
To prove this offence, the prosecution must establish the following beyond reasonable doubt:
- The accused intentionally applied force to the complainant;
- The complainant did not consent to the application of that force;
- At the time of applying the force the accused intended that the complainant take part in a sexual act; and
- The accused did not reasonably believe that the complainant would consent to taking part in that sexual act.