***Please be aware this section has now been repealed***
The new section was introduced by the Crimes Amendment (Sexual Offences) Act 2016 (No. 47 of 2016) and came into operation on 1 July 2017.
This means that where the offence date predates 1 July 2017, the prosecution must proceed under the old section. The old section is s40 of the Crimes Act 1958, which has been repealed and no longer exists but is still relevant for old offences. It should be noted that section 40 Sexual Touching now resides at section 40 of the Crimes Act, but is a different charge.
Have you been charged with the old offence of Assault with Intent to Rape?
This offence differs from the offence of Attempted Rape in that it can involve conduct that is not closely connected to the actual offence of Rape. For the most recent discussion and up to date law in relation to Rape, head to our Rape charges page.
There are a number of things to consider if you have been charged with this offence. Can the prosecution make out their case? Did you assault another person? Did you threaten to? Did you intend to rape the person?
You should be aware that pleading guilty to this charge carries a maximum penalty of 10 years imprisonment.
Please read below for more information relating to this charge.
The offence
Section 40 of the Crimes Act 1958.
The prosecution must prove:
The defendant assaulted or threatened to assault another person; and
The defendant possessed the intent to commit rape.
The maximum penalty
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
Assault with Intent to Rape cases will usually be heard in the County Court of Victoria.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Consult a specialist criminal lawyer urgently. Don’t delay until the last minute. Adequate time for your lawyer to prepare is critical in achieving positive outcomes.
If you have been charged with Assault with Intent to Rape make an appointment to see us today.
The legislation
40. Assault with intent to rape
A person must not assault or threaten to assault another person with intent to commit rape.
Penalty: Level 5 imprisonment (10 years maximum).
(2) In sub-section (1), “assault” has the same meaning as in section 31(1).
