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7.3.4.2 - Checklist: Assault with Intent to Rape (1/1/08 – 30/6/15)

Click here to obtain a Word version of this document for adaptation

[This checklist can be used where the offence is alleged to have been committed between 1 January 2008 and 1 July 2015, regardless of the date the trial commenced.

This checklist is based on an assault involving the application of force where no lawful excuse is raised. If the assault in issue involved a threat to apply force, or lawful excuse is open on the evidence, it will need to be amended as necessary.]

Three elements that the prosecution must prove beyond reasonable doubt:

  1. The accused applied force to the complainant’s body; and
  2. The accused applied force to the complainant’s body with the intention of raping him or her; and
  3. The accused’s actions resulted in the complainant being [insert one or more of the following: injured, caused pain, caused discomfort, damaged, insulted or deprived of liberty].

 

Application of Force

1. Did the accused apply force to complainant’s body?

If Yes, then go to 2

If No, then the accused is not guilty of assault with intent to rape

Intention to Rape

2.1 Did the accused apply that force with the intention of sexually penetrating the complainant?

If Yes, then go to 2.2

If No, then the accused is not guilty of assault with intent to rape

Consider - Sexual penetration is defined as the introduction of a person’s penis, body part or object into another person’s vagina or anus. It also includes putting a penis into someone’s mouth.

2.2 Was the accused giving any thought to whether or not the complainant was consenting to being sexually penetrated?

If Yes, then go to 2.3

If No, go to 3

2.3 Was the accused aware that the complainant was not consenting or that s/he might not be consenting to being sexually penetrated?

If Yes, then go to 3

If No, then the accused is not guilty of assault with intent to rape

Result of Accused’s Actions

3. Did the actions of the accused result in the complainant being [insert one or more of the following: injured, caused pain, caused discomfort, damaged, insulted or deprived of liberty]?

If Yes, then the accused is guilty of assault with intent to rape

(as long as
no answers to the earlier questions indicate that the accused is not guilty )

If No, then the accused is not guilty of assault with intent to rape

 

Last updated: 22 June 2016

See Also

7.3.4 - Assault with Intent to Rape (Pre-1/7/15)

7.3.4.1 - Charge: Assault with Intent to Rape (1/1/08-30/6/15)

7.3.4.3 - Charge: Assault with Intent to Rape (Pre-1/1/08)

7.3.4.4 - Checklist: Assault with Intent to Rape (Pre-1/1/08)