What the law states
Section 61K of the Crimes Act 1900 (NSW) outlines the offence of assault with the intent to have sexual intercourse as:
Any person who, with intent to have sexual intercourse with another person:
(a) intentionally or recklessly inflicts actual bodily harm on the other person or a third person who is present or nearby, or
(b) threatens to inflict actual bodily harm on the other person or a third person who is present or nearby by means of an offensive weapon or instrument,
This offence concerns the behaviour of the alleged offender in order to have sexual intercourse with another person.
Example of this offence
An example of this offence is an offender attacks their victim with the intention of having sexual intercourse and during the attack the offender stabs their victim in the stomach.
Defences
Defences to this offence include but are not limited to: necessity and duress.
Penalty
The maximum penalty for this offence is 20 years imprisonment.
Although this offence attracts heavy maximum penalties, lesser penalties are always an option that the court may consider (such as good behaviour bonds, community service orders, suspended sentences or weekend detention). In the event that you plead or are found guilty, there may be factors that make it possible for the court to sentence you to a lesser penalty and our criminal lawyers are experienced at drawing this to the attention of the court.
How can Prime Lawyers help you?
If you have been charged with this offence, our experienced and dedicated criminal lawyers can help you. They will carefully examine the facts of you case and do all that they can to obtain the best result for you.