Supplementary Report on ‘Grab and Drag’ Conduct (html)

Recommendations

1 The Victorian Government should amend section 320A of the Crimes Act 1958 (Vic) to introduce an aggravating circumstance where the assault would raise an apprehension of an imminent sexual offence.

2 The recommended aggravating circumstance should include an objective test for the fault element as an alternative to a subjective fault element. The court should be able to take into account all the particular circumstances in which the assault occurred in applying the objective test.

3 The recommended aggravating circumstance should have a maximum term of level 5 imprisonment (10 years maximum).

4 The recommended aggravating circumstance should be an indictable charge triable summarily.