To prove this offence, the prosecution must show beyond reasonable doubt that:

– A person intends to have sexual intercourse with another person;
– In doing so, the person intentionally or recklessly inflicts, or threatens to inflict, actual bodily harm on that person or a third person by means of an offensive weapon.

Sexual intercourse is defined as the penetration of the genitals of a female or the anus or mouth of any person by the body of another person or an object manipulated by another person. Sexual intercourse also includes cunnilingus.

Actual bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim, it need not be permanent but must be more than merely transient or trifling.

An offensive weapon or instrument is defined in the Crimes Act to mean:

– A dangerous weapon
– Any thing that is made or adapted for offensive purposes
– Any thing that, in the circumstances, is used, intended for use or threatened to be used for offensive purposes, whether or not it is ordinarily used for offensive purposes or is capable of causing harm.

A person knows that the other person does not consent to sexual intercourse if:

– The person knows that the other person does not consent to the sexual intercourse;
– The person is reckless as to whether the other person consents to the sexual intercourse;
– The person has no reasonable grounds for believing that the other person consents to the sexual intercourse.

You may have a defence if:

– You did not intend to have sexual intercourse with the complainant
– You did not cause actual bodily harm, or threaten to cause actual bodily harm, to the complainant

The onus is on the prosecution to prove all the elements of the offence, including the circumstance beyond reasonable doubt.

Assault with intent to have sexual intercourse is a very serious offence and upon conviction a term of imprisonment is to be expected.

For more details about possible penalties, see our sentencing page.