2. Assault with intent to commit buggery
The maximum penalty is 10 years’ imprisonment.
An assault is any act by which a person intentionally or recklessly causes another person to apprehend immediate and personal violence. Aiming a blow at a person with a fist is an assault even if the blow misses.
Once assault is proved, the prosecutor has to show that the defendant has an additional intention to commit buggery with the victim in question. The intention to commit buggery must be present at the time the assault occurs.
“Buggery” in section 118B is not limited to homosexual buggery. It also consists of anal intercourse by a male with a female.