According to VIC Law for the charge of Assault with intent to rape,

Crimes Act 1958 - SECT 40

Assault with intent to rape

40. Assault with intent to rape

(1) A person must not assault or threaten to assault another person with intent to commit rape.

Penalty: Level 5 imprisonment (10 years maximum).

(2) In subsection (1), assault has the same meaning as in section 31(1).

(8B) Incest

According to VIC Law for the charge of Assault with intent to rape, The maximum penalty for a charge of assault with intent to rape is 10 years imprisonment.

The charge of assault with intent to rape is defined in section 3 of the Sentencing Act 1991 as a serious offence. Offenders who commit a serious offence on or after 1 May 2011 will no longer be eligible for a suspended sentence in any of the Courts.

(a) The accussed intented to commit an offence.

(b) The offence would, if committed, necessarily involve an intention to rape.

(a) Consent.

(b) Duress.

(c) Factual dispute.

(d) Identification dispute.

(e) Lack of intent.

 

The charge of assault with intent to rape is heard in the County Court.