Victorian Current Acts

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CRIMES ACT 1958 - SECT 42

Assault with intent to commit a sexual offence

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

        (a)     A intentionally applies force to another person (B); and

        (b)     B does not consent to the application of that force; and

        (c)     at the time of applying that force A intends that B take part in a sexual act; and

        (d)     A does not reasonably believe that B would consent to taking part in that sexual act.

    (2)     A person who commits an offence against subsection (1) is liable to level 4 imprisonment (15 years maximum).

    (3)     A may commit an offence against subsection (1) even if B is not aware of the application of force by A.

    (4)     Force for the purposes of subsection (1) may be applied—

        (a)     directly or indirectly; or

        (b)     to the body of, or to clothing or equipment worn by, B.

    (5)     In subsection (1)—

"application of force" includes—

        (a)     application of heat, light, electric current or any other form of energy; and

        (b)     application of matter in solid, liquid or gaseous form.

S. 43 inserted by No. 74/2014 s. 4.



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