Text as at 26 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

42 Assault with intent to commit a sexual offence

(1)A person (A) commits an offence if—

(a)A intentionally applies force to another person (B); and

(b)B does not consent to the application of that force; and

(c)at the time of applying that force A intends that B take part in a sexual act; and

(d)A does not reasonably believe that B would consent to taking part in that sexual act.

(2)A person who commits an offence against subsection (1) is liable to level 4 imprisonment (15 years maximum).

(3)A may commit an offence against subsection (1) even if B is not aware of the application of force by A.

(3A)Whether or not A reasonably believes that B would consent to taking part in a sexual act depends on the circumstances.

S. 42(3A) inserted by No. 38/2022 s. 10.

See section 36B for the effect of intoxication on the standard to be applied in determining whether a person has a reasonable belief.

(3B)A's belief that B would consent to a sexual act is not reasonable if A does not say or do anything to find out whether B would consent to the sexual act.

S. 42(3B) inserted by No. 38/2022 s. 10.

(3C)Subsection (3B) does not apply if—

S. 42(3C) inserted by No. 38/2022 s. 10.

(a)A has a cognitive impairment or mental illness (other than the effects of intoxication that is self-induced within the meaning of section 36B); and

(b)that cognitive impairment or mental illness is a substantial cause of A not saying or doing anything to find out whether B would consent to the sexual act.

(3D)A bears the burden of proving on the balance of probabilities the matters referred to in subsection

S. 42(3D) inserted by No. 38/2022 s. 10.

(3C).

(4)Force for the purposes of subsection (1) may be applied—

(a)directly or indirectly; or

(b)to the body of, or to clothing or equipment worn by, B.

(5)In subsection (1)— application of force includes—

(a)application of heat, light, electric current or any other form of energy; and

(b)application of matter in solid, liquid or gaseous form.