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Causing a person to engage in sexual activity without consent

s.4Sexual Offences Act 2003

Intentionally causing another person to engage in sexual activity without their consent and without a reasonable belief that they consent.

Causing a person to engage in sexual activity without consent · Sexual Offences Act 2003, s.4Card 138 / 195

Points to prove

Intentionally caused another person (B) to engage in an activity
The activity was sexual
B did not consent to engaging in the activity
The defendant (A) did not reasonably believe that B consented

Key definitions

Causes – A must bring about B’s engagement in the activity, for example by threats, force or deception. A does not need to touch B.
Sexual – s.78: by its nature sexual, or by its nature it may be sexual and because of its circumstances or anyone’s purpose it is sexual, in the view of a reasonable person.
Consent – s.74: a person consents if they agree by choice, and have the freedom and capacity to make that choice.
Reasonably believe – s.4(2): judged having regard to all the circumstances, including any steps A took to find out whether B consented.
Presumptions – s.4(3): the evidential presumptions (s.75) and conclusive presumptions (s.76) about consent apply.
Penetrative activity – s.4(4): penetration of B’s anus or vagina, of B’s mouth with a person’s penis, of a person’s anus or vagina with a part of B’s body or by B with anything else, or of a person’s mouth with B’s penis.

Good to know

Examples include making B strip, masturbate, touch A, or engage in sexual activity with a third person.
The activity can be with A, with a third person, or on B alone.
Section 4 covers causing only. If B does not actually engage in the activity, consider an attempt.
For child victims, use the specific offences: causing or inciting a child under 13 (s.8) or a child under 16 (s.10) to engage in sexual activity. Consent is then not an element.

Legislation: Sexual Offences Act 2003, s.4 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way (indictable only where the activity involves penetration)
Maximum penalty: Life imprisonment where the activity involves penetration; otherwise 10 years' imprisonment (on indictment) or 12 months' imprisonment and/or a fine (summary)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Causing a person to engage in sexual activity without consent: questions people ask

What are the points to prove for causing a person to engage in sexual activity without consent?

1. Intentionally caused another person (B) to engage in an activity 2. The activity was sexual 3. B did not consent to engaging in the activity 4. The defendant (A) did not reasonably believe that B consented

What is the maximum sentence for causing a person to engage in sexual activity without consent?

Life imprisonment where the activity involves penetration; otherwise 10 years' imprisonment (on indictment) or 12 months' imprisonment and/or a fine (summary)

Is causing a person to engage in sexual activity without consent a summary, either-way or indictable offence?

Mode of trial: Either way (indictable only where the activity involves penetration).

What Act and section is causing a person to engage in sexual activity without consent?

Causing a person to engage in sexual activity without consent is an offence under the Sexual Offences Act 2003, s.4.

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