The free library91 of 85 Sexual offences

Sexual assault

s.3Sexual Offences Act 2003

Intentionally touching another person sexually, without their consent and without a reasonable belief that they consent.

Sexual assault · Sexual Offences Act 2003, s.3Card 91 / 85

Points to prove

Touching – s.79(8): touching with any part of the body, with anything else, or through anything, and includes touching amounting to penetration.
Sexual – s.78: a reasonable person would consider that (a) whatever its circumstances or anyone’s purpose, it is sexual by its nature, or (b) because of its nature it may be sexual, and because of its circumstances or the purpose of any person (or both) it is sexual.
Consent – s.74: a person consents if they agree by choice, and have the freedom and capacity to make that choice.
Reasonably believe – s.3(2): judged having regard to all the circumstances, including any steps the defendant took to find out whether B consented.
Presumptions – ss.75 and 76 apply (s.3(3)). Under s.75 (evidential), circumstances such as violence, unlawful detention or B being asleep or unconscious mean B is taken not to have consented unless evidence is raised to the contrary. Under s.76 (conclusive), deception about the nature or purpose of the act, or impersonating someone known personally to B, means lack of consent and lack of belief are conclusively presumed.

Touching B’s clothing, while B is wearing it, can be touching (R v H 2005).
Where B is under 13, the offence is sexual assault of a child under 13 under s.7. Consent is irrelevant and the maximum is 14 years.
Sexual touching that involves penetration of the vagina or anus may be charged as assault by penetration (s.2) instead.

Legislation: Sexual Offences Act 2003, s.3 (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)