Assault with Intent to have Sexual Intercourse

Assault with intent to have sexual intercourse is an offence under section 61K of the Crimes Act 1900, which carries a maximum penalty of 20 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

1. You intentionally or recklessly inflicted actual bodily harm on another person, or you threatened to inflict actual bodily harm on another person, or a third person present or nearby by means of an offensive weapon or instrument, and
2. You intended by doing so to have sexual intercourse with the other person

‘Actual bodily harm’ is harm which is more than ‘transient or trifling’ and includes lasting scratches, bruises and abrasions.

You were ‘reckless’ if you foresaw the possibility of inflicting actual bodily harm but went ahead with your actions regardless.

An ‘offensive weapon or instrument’ is:

1. A dangerous weapon
2. Anything made or adapted for offensive purposes, or
3. Anything used, intended for use or threatened to be used for offensive purposes, even though it is not ordinarily used for such purposes or ordinarily capable of causing harm.

A ‘dangerous weapon’ is:

1. A firearm or imitation firearm
2. A prohibited weapon, or
3. A spear gun

‘Sexual intercourse’ is defined as:

1. Penetration to any extent of a female’s genitalia, or the anus of any person, by any part of, or object used by, another person, or
2. The introduction of a penis into the mouth of another person, or
3. Cunnilingus, or
4. The continuation of any of these activities

Defences to the charge include:

1. Self-defence
2. Duress, and
3. Necessity