s43 - Threat to Commit a Sexual Offence

s43 Threat to commit a sexual offence

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Have you been charged with threats to commit a sexual offence?

This is a serious offence and as such your case must be handled carefully.

If you plead guilty or are found guilty of this offence you may be liable to a term of imprisonment so it is essential that you seek expert criminal law advice in relation to your case.

There are a number of issues to consider if you have been charged with threats to commit a sexual offence.

Can the prosecution prove the elements of the offence?
Are there other matters to be considered?
What was the alleged threat, was it recorded, are there other witnesses?
What was said? Does it meet the requisite definition?
What was your mental state at the time?

This offence was introduced on 1 July 2015 following the repeal of the offence, assault with intent to rape.

The offence

Prosecution must prove:

The Accused makes a threat to rape or sexually assault another person directly or a third party and
The Accused intends that the other person will believe or will probably believe that the Accused will carry out the threat

A threat can be made out my words alone or by the conduct of the accused if those words or conduct conveys an intention by the accused to sexually penetrate or sexually touch another without consent or to be penetrated or sexually touched by another without consent of the other party.

The maximum penalty

Level 6 imprisonment (5 years maximum).

Where will my case be heard?

Your case can be heard and determined summarily in the Magistrates Court. However, if there are particularly aggravating features of the offending and the magistrate deems your matter too serious it can be uplifted into the indictable stream.

Questions to consider

Do you have a defence? If you are pleading guilty, what can you do to mitigate sentence?

What to do next?

Arrange a time to see an experienced sex offence criminal lawyer urgently.

Given the seriousness and complexity of this charge preparation is critical to achieving a favourable outcome. It is essential that there is time to make all the necessary preparations, so don’t leave it until the last minute.

If you have been charged with threat to commit a sexual assault make an appointment to see one of our experienced criminal lawyers today.

The legislation

Threat to commit a sexual offence

(1) A person (A) commits an offence if—

A makes to another person (B) a threat to rape or sexually assault B or a third person (C); and
A intends that B will believe, or believes that B will probably believe, that A will carry out the threat.

(2) Words or conduct may constitute a threat for the purposes of subsection (1) if by those words or that conduct an intention to do any of the following is conveyed—

(a) to sexually penetrate or sexually touch B or C without B or C’s consent;

(b) to cause B or C, without B or C’s consent, to sexually penetrate or sexually touch—

(i) A; or

(ii) C or B (as the case requires); or

(iii) themselves; or

(iv) another person; or

(v) an animal;