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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:
‘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:
A ‘dangerous weapon’ is:
‘Sexual intercourse’ is defined as:
Defences to the charge include:
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