Assault with intent to rape, aggravating factors

Home: Family & Friends: Legal Information: Legal definitions

The separate offence of assault with intent to rape was reintroduced into the Crimes Act in 1993. Although amendments to the crimes act abolished the distinction between rape and aggravated rape, such a distinction was effectively re-introduced by amendments to the sentencing act in 1993.

This means that the following factors may be considered in sentencing, if they occurred immediately before, during or after the commission of the offence:

• the offender inflicted serious personal violence on the victim/survivor
• the offender did an act likely seriously and substantially to degrade or humiliate the victim/survivor, or
• the offender was aided and abetted by another person present.

A person found guilty of rape may be imprisoned for up to 25 years.

Sponsor

SECASA

Disclaimer Copyright Updated: 9 Oct 2009