Crimes Against the person-assault and

sexual offencesChapter 2.4

Assault

• Defined as the direct or indirect force by a person to the body, clothing or equipment of another person.• The force has to be unlawful, intentional, or reckless• It has resulted in physical injury, pain, discomfort, damage, insult or

deprivation of freedom• Threat to use force is indirect application of force• Physical contact is the direct application of force• Maximum penalty is 5 years

Some statistics…• During 2010–11, the rate of assaults per 100 000 population increased by 3.7%.• In 2010–11, the total number of assault offences increased from 35 100 to 36 962 incidents.• During 2010–11 the number of assault offences arising from family incidents increased by 24.9%,

while assaults not arising from family incidents decreased by 1.3%. .• A majority of assault victims are male, though the number of female victims is growing at a faster

rate.• It is increasingly more likely that an assault will happen in the home.

Discuss:1. What do the statistics tell you about assault? 2. Where are assaults most likely to happen?

• Assaults are obviously increasing. • Assault does not necessarily need to involve physical contact. Assault can occur when force is

threatened.

Incest

• Is defined as the sexual intercourse between closely related people• Could involve a brother, sister, mother, father, stepchild, uncle,

grandfather• Could also involve a child or step child of a de facto spouse• Sex Offenders Registration Act 2004 (Vic) the offender will be placed

on register• Maximum penalty is 25 years imprisonment

Indecent Assault

• Defined as assaulting a person in an indecent circumstances without their consent• The person committing the offence must be aware the other person

has not consented• This crime covers activities such as touching another persons breasts,

bottom, genitals• Could also include showing them indecent images• Maximum penalty is 10 years imprisonment

Rape• Defined as intentionally sexually penetrating another person without that

person’s consent, or failing to withdraw from someone once becoming aware that there is no consent• Penetration is;• the introduction of a penis into the vagina, anus or mouth, or• the introduction of an object or a part of the body (not the penis) into the

vagina or anus of another person• The law applies to men and women equally and in any combination• Consent is an important element in rape and cannot be given through fear,

while asleep or under the influence of drugs or alcohol or believing it was a medical procedure• Caries he maximum penalty of 25 years imprisonment

Links;

Xydias Case question 5• http://

www.theage.com.au/national/xydias-to-pay-victims-1-million-20091222-lbdd.html

The Crimes Act question 6• http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/

• http://www.theage.com.au/victoria/johnson-guilty-of-murder-20110929-1kyuq.html

Your Turn

• Complete ‘Test your understanding’ questions 1-4• Complete ‘Apply your understanding’ question 5 and 6 (use link

provided)