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Administering a substance with intent to commit a sexual offence

s.61Sexual Offences Act 2003

Intentionally giving a substance to another person, or causing them to take it, knowing they do not consent, intending to stupefy or overpower them so that any person can engage in sexual activity involving them.

Administering a substance with intent to commit a sexual offence · Sexual Offences Act 2003, s.61Card 139 / 195

Points to prove

Intentionally administered a substance to another person (B), or caused a substance to be taken by B
Knowing that B did not consent
With the intention of stupefying or overpowering B
So as to enable any person to engage in a sexual activity that involves B

Key definitions

Substance – not defined. It covers drugs and also alcohol, for example adding extra spirits to a drink without B’s knowledge.
Knowing that B does not consent – B’s lack of consent is to taking the substance. B may agree to a soft drink but not to the drug or alcohol added to it.
Stupefying or overpowering – the intention must be to reduce B’s ability to resist or refuse. B does not need actually to be stupefied.
Any person – the intended sexual activity can be by A or by someone else.

Good to know

The offence is complete when the substance is administered with the required intent. No sexual activity needs to take place.
If sexual activity does follow, the substance may raise the evidential presumption of no consent under s.75(2)(f).
Related offences: committing any offence with intent to commit a sexual offence (s.62) and administering poison or a noxious thing (Offences Against the Person Act 1861, ss.23 and 24).
Conviction triggers the sex offender notification requirements (Sch. 3, para. 30).

Legislation: Sexual Offences Act 2003, s.61 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 10 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summary)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Administering a substance with intent to commit a sexual offence: questions people ask

What are the points to prove for administering a substance with intent to commit a sexual offence?

1. Intentionally administered a substance to another person (B), or caused a substance to be taken by B 2. Knowing that B did not consent 3. With the intention of stupefying or overpowering B 4. So as to enable any person to engage in a sexual activity that involves B

What is the maximum sentence for administering a substance with intent to commit a sexual offence?

10 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summary)

Is administering a substance with intent to commit a sexual offence a summary, either-way or indictable offence?

Administering a substance with intent to commit a sexual offence is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

What Act and section is administering a substance with intent to commit a sexual offence?

Administering a substance with intent to commit a sexual offence is an offence under the Sexual Offences Act 2003, s.61.

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