Assault with intent to commit sexual violation

Question 1

what is act, sec and penalty

Answer 1

S129(2) CA61

10 yrs

Question 2

What are the 4 elements

Answer 2

1- A person
2- assaults another person
3- with intent to commit sexual violation
4- of the other person

Question 3

person

Answer 3

Gender neutral prove by judical notice or circumstantial evidence

Question 4

Assault plus Sec?

Answer 4

Assault: Sec. 2, Crimes Act 1961
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 or gesture to apply such force to the person of another.

Question 5

intent

Answer 5

there are specfic types of intention in an offence. frist there must be an intent to commit an act. second an intent to get a specfic result

Question 6

sexual violation

Answer 6

Sexual Violation: Sec. 128(1), Crimes Act 1961

(1) Sexual Violation is the act of a person who –
(a) rapes another person; or
(b) has unlawful sexual connection with another person

Question 7

Rape

OR

Unlawful sexual connection

Answer 7

Rape: Sec.128 (2), CA61
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 –
 without person B’s consent to the connection,
and
 without believing on reasonable grounds that person B consents to the connection.

OR

Unlawful Sexual Connection: Sec.128 (3), CA61
Person A has unlawful sexual connection with Person B if Person A has sexual connection with Person B -
 without person B’s consent to the connection,
and
 without believing on reasonable grounds that person B consents to the connection

Question 8

Sexual connection

Answer 8

Sexual Connection: Sec 2, CA61

(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 and a part of another person’s genitalia or anus; or
(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b)

Question 9

other person

Answer 9

Gender neutral proven by judical notice or circumstantial evidence