Assault generally includes battery although assault and battery are separate crimes. A sexual assault is any act which intentionally or recklessly causes another person to apprehend immediate unlawful violence. An sexual assault can be committed without touching another person. The act must be a hostile one. An assault can be committed recklessly where the accused foresees the likelihood of inflicting injury or fear and ignores the risk.

Battery is the intentional or reckless application of direct force to the person of another. It must be made in an angry, revengeful, rude, insolent, or hostile manner.

Common assault carries a maximum penalty of two years jail.  Sexual Assault occasioning actual bodily harm carries five years.  When, maliciously inflict grievous bodily harm with intent, is charged there must be specific intent. The penalty for maliciously inflicting grievous bodily harm is seven years.

It is an offense to resist or willfully obstruct police in the execution of their duty, punishable by imprisonment for a maximum period of 5 years. For the offense of assaulting, stalking or intimidating a police officer in the execution of his duty where no actual bodily harm is inflicted the maximum penalty is five years. Where a police officer is assaulted in the execution of his duty and he suffers actual bodily harm the maximum penalty is five years and the standard non-parole period is three years.  For the offense of malicious wounding or inflicting grievous bodily harm on a police officer whilst in the execution of his duty, the maximum penalty is 12 years.

It is an offense to possess, use, attempt or threaten to use an offensive weapon with intent to commit an indictable offense or to prevent or hinder the arrest of any person or any investigation.  The maximum penalty is 12 years or if a company, 15 years. It is an offense to shoot at or attempt to discharge a loaded firearm at any person with intent to resist the lawful arrest of any person. Penalty is 25 years.

The offense of sexual assault can be committed in two ways , either through the intentional or reckless application of unlawful force (at common law known as battery) or by intentionally or recklessly causing a person to apprehend immediate unlawful violence.

Elements for sexual assault being:

Where physical force is actually applied

1. A striking, touching or application of force by the accused to another person (the complainant).

2. That such conduct of the accused was without the consent of the complainant.

3. That such conduct was intentional or reckless in the sense that the accused realized that the complainant might be subject to immediate and unlawful violence, however slight as a result of what he or she was about to do, but yet took the risk that that might happen.

4. That such conduct be without lawful excuse.

Where no physical force is actually applied

1. An act by the accused which intentionally, or recklessly, causes another person (the complainant) to apprehend immediate and unlawful sexual violence.

2. That such conduct of the accused was without the consent of the complainant.

3. That such conduct was intentional or reckless in the sense that the accused realized that the complainant might fear that the complainant would then and there be subject to immediate and unlawful violence and none the less went on and took that risk.

4. That such conduct be without lawful excuse.

If you are a victim of  sexual assault whether it has been done physically or non physically immediate make a contact with a professional assault lawyer. This is because an assault lawyer can properly guide you in a right way. He or she will briefly define you about what you need to do in this horrible situation.

 

 

 

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