Assault with Intent to Commit Sexual Violation Section 129(2) CA 1961

Question 1

What is the full Liability of Assault with Intent to Commit Sexual Violation?

Answer 1

Assault with Intent to Commit Sexual Violation
AAA intending to commit Sexual Violation.

Section 129(2) CA 1961
- A person
- Assaults
- Another person
- With Intent to Commit Sexual Violation

Question 2

A person

Answer 2

Person
JN CE

RTS

Question 3

Assaults

Answer 3

As per s2 CA1961, the application or attempted application of force to a person of another, directly or indirectly

RTS

Question 4

Another person

Answer 4

Person
JN CE.

RTS

Question 5

With Intent to Commit Sexual Violation

Answer 5

Intent – Intent to commit the offence and intent to get a specific result.
R v COLLISTER – Actions or words before/during/after, surrounding circumstance and the nature of the act infer intent.

Sexual violation – A person rapes or has unlawful sexual connection with another person.
Rape – A person penetrates another person’s genitalia without their consent and without reasonable grounds for belief that there was consent.

Consent – a conscious and voluntary agreement to something desired or proposed.
R v COX – consent should be full, voluntary, free and informed. Freely and voluntary given by someone capable of forming rational judgement.
R v GUTUAMA – The crown ned to prove under the objective test that no reasonable person in the accused shoes could think that the complainant consented.
R v KOROHEKE – Consent should be freely given, rather than an admission to something unwanted or unavoidable.

It must be proven that
The defendant intended to sexually violate the victim
That the complainant did not consent
That the defendant did not believe on reasonable grounds that the victim was consenting.

Question 6

Define Intent

Answer 6

Intent – Intent to commit the offence and intent to get a specific result.
R v COLLISTER – Actions or words before/during/after, surrounding circumstance and the nature of the act infer intent.

Question 7

Case Law for Intent

Answer 7

Consent – a conscious and voluntary agreement to something desired or proposed.

R v COX – consent should be full, voluntary, free and informed. Freely and voluntary given by someone capable of forming rational judgement.
R v GUTUAMA – The crown ned to prove under the objective test that no reasonable person in the accused shoes could think that the complainant consented.
R v KOROHEKE – Consent should be freely given, rather than an admission to something unwanted or unavoidable.

Question 8

What must be proven in Court?

Answer 8

It must be proven that

⦁ The defendant intended to sexually violate the victim
⦁ That the complainant did not consent
⦁ That the defendant did not believe on reasonable grounds that the
victim was consenting.