Assault with intent to have sexual intercourse

What is the offence of Assault with intent to have sexual intercourse?

The offence of Assault with intent to have sexual intercourse is found at section 61K of the Crimes Act 1900.

Assault with intent to have sexual intercourse is an offence that is frequently defended. Common examples of where a person’s prospects of successfully defending the charge are increased include where the prosecution is reliant on the testimony of one witness, where the complaint is historical, where there is no medical or DNA evidence or that evidence is in dispute, and where an Accused person is able to call character evidence to establish they would be less likely to have committed the offence.

If you are charged with the offence of Assault with intent to have sexual intercourse, your options will normally be to plead guilty or not guilty.

Pleading not guilty

You will be found not guilty of the offence of Assault with intent to have sexual intercourse if the police cannot prove beyond reasonable doubt:

  1. You:
    1. Intentionally or recklessly inflict actual bodily harm (injury that is more than transient or merely trifling) on the other person or a third person who is present or nearby; or
    2. Threaten to inflict actual bodily harm (injury that is more than transient or merely trifling) on the other person or a third person who is present or nearby by means of an offensive weapon or instrument.
  2. With intent to have sexual intercourse with a person.

Sexual intercourse means sexual connection occasioned by the penetration to any extent of the genitalia of a female person or the anus of any person by any part of the body of another person or any object manipulated by another person, or sexual connection occasioned by the introduction of any part of the penis of a person into the mouth of another person, or cunnilingus.

Contact our offices at Sydney, Parramatta, Blacktown and Redfern to organise a time for one of our criminal lawyers to advise you of your prospects of successfully defending the charge of Assault with intent to have sexual intercourse.

Pleading guilty

If you agree that you have committed the offence (and the police are able to prove so), it is best to plead guilty as you will normally receive a discount on sentence and it will demonstrate remorse and contrition. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts or even a less serious charge.

Sentences for Assault with intent to have sexual intercourse will be greater where the degree of violence, physical hurt inflicted and the circumstances of humiliation and otherwise, are at the higher end of the scale.

The offence of Assault with intent to have sexual intercourse carries a maximum penalty of 20 years imprisonment in the District Court. However, this penalty is typically reserved for the worst offenders. Nonetheless, Assault with intent to have sexual intercourse is an extremely serious offence and if you are charged with it you should contact our office immediately.

Penalties that a court can impose in NSW are:

Why choose AC Law Group?

Our solicitors are experts at obtaining the best outcome possible for sex offences. For these offences, a good lawyer can be the difference between freedom or gaol. To read more about AC Law Group, click here.

To discuss your sex charge, call AC Law Group at our Sydney, Parramatta, Blacktown and Redfern offices or make a website inquiry today.

Case Study

Mr Adut represented a person charged with aggravated sexual assault (rape) with the aggravating factor being the infliction of Actual bodily harm on the victim. The Accused was a person of prior good character and video was obtained that showed the Accused and complainant in a consensual embrace (kissing) shortly prior to the time of the allegation (which the complainant had omitted telling the police). The complainant was cross-examined for days as were her friends who conceded that they had trouble believing that the Accused would have committed the offence as he had always been a gentleman, intoxicated or otherwise. It was further conceded that the complainant had only recently separated from her boyfriend and knew that mutual friends had seen her and the Accused together. It was put to the complainant that she fabricated the complaint because she was worried that her boyfriend would find out there had been a consensual intercourse has the Accused put forth. The jury came back with a verdict of not guilty and acquitted our client who was free to move on with his life.

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