Sexual Assault

Question 1

Assault by penetration

Answer 1

s2 Sexual Offences Act 2003

(1) A person (A) commits an offence if—
(a) he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else (e.g dildo),
(b) the penetration IS sexual,
(c) B does not consent to the penetration, and
(d) A does not reasonably believe that B consents.

Penalty:
- Indictment– Life Imprisonment

Question 2

What is the definition of the term “sexual”?

Answer 2

s78 Sexual Offences Act 2003

Penetration, touching or any other activity is sexual if a reasonable person would consider that—

(a) Whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual (e.g penetrative sex/ masturbation).
(b) Because of its nature, it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both), it is sexual (e.g Dr. examination can be non-sexual).

Question 3

Sexual Assault by Touching

Answer 3

s3 Sexual Offences Act 2003

(1) A person (A) commits an offence if—
(a) he INTENTIONALLY touches another person (B) (can be through clothing),
(b) the touching is sexual,
(c) B does not consent to the touching, and
(d) A does not reasonably believe that B consents.

Penalty:

• Summarily– 6 months and/or fine.
• Indictment– 10 years.

Question 4

What is the definition of the term “touching”?

Answer 4

Section 79(8) states that touching includes touching:

• With any part of the body.
• With anything else.
• Through anything.

The part of the body touched does not have to be a sexual organ or orifice. A jury must ask themselves (as reasonable people) two questions:

1. Could the touching be sexual?
2. Has the touching been sexual?

Question 5

Causing a person to engage in sexual activity without consent

Answer 5

s4 Sexual Offences Act 2003

(1) A person (A) commits an offence if—
(a) he intentionally causes another person (B) to engage in an activity,
(b) the activity is sexual,
(c) B does not consent to engaging in the activity, and
(d) A does not reasonably believe that B consents.

Aggravating factors:

• Large age difference between offender and victim
• General vulnerability of victim
• Use of weapons to commit the offence

Penalty:

• Summarily– 6 months and/or fine.
• Indictment– 10 years.

Question 6

Rape of a child under 13

Answer 6

s5 Sexual Offences Act 2003

(1) A person commits an offence if—
(a) he intentionally penetrates the vagina, anus or mouth of another person with his penis, and
(b) the other person is under 13.

Penalty:
- Indictment– Life Imprisonment

Question 7

Assault of a child under 13 by penetration

Answer 7

s6 Sexual Offences Act 2003

(1) A person commits an offence if—
(a) he intentionally penetrates the vagina or anus of another person with a part of his body or anything else,
(b) the penetration is sexual, and
(c) the other person is under 13.

Penalty:
- Indictment– Life Imprisonment

Question 8

Sexual assault of a child under 13 without penetration

Answer 8

s7 Sexual Offences Act 2003

(1) A person commits an offence if—
(a) he intentionally touches another person,
(b) the touching is sexual, and
(c) the other person is under 13.

Penalty:

• Summarily– 6 months and/or fine.
• Indictment– 14 years.

Question 9

Causing or inciting a child under 13 to engage in sexual activity

Answer 9

s8 Sexual Offences Act 2003

(1) A person commits an offence if—
(a) he intentionally causes or incites another person (B) to engage in an activity,
(b) the activity is sexual, and
(c) B is under 13.

(2) A person guilty of an offence under this section, if the activity caused or incited involved—
(a) penetration of B’s anus or vagina,
(b) penetration of B’s mouth with a person’s penis,
(c) penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or
(d) penetration of a person’s mouth with B’s penis,

Penalty:

• Summarily– 6 months and/or fine.
• Indictment– 14 years (if s2 then LIFE)

Question 10

What are some key criteria for an offence of ‘Assault by Penetration’ (s2)?

Answer 10

• Penetration can be to any part of the body except for the ‘mouth’, so the anus or vagina.
• The insertion can be of anything (dildo, bottle, hand).
• The penetration MUST be sexual.

Question 11

Sexual Assault by Touching (s3)

Case Law: R v H (2005)

Answer 11

A man approaches a woman in the street and says, “do you want to have a shag?”. The woman, disgusted at the comment, starts to walk away. The defendant grabs the woman by her trouser pocket, to try and stop her leaving. He only touches the pocket and not her person.

The defendant was convicted of Sexual Assault by Touching.

Question 12

Give an example of causing a person to engage in sexual activity without consent…

Answer 12

Lucy is frightened of Liam. Liam is aware of this and as such tells Lucy to masturbate him. She does this and Liam is aware she is only consenting through fear. The offence is made out.

Question 13

Question: Stanley gets onto a bus. Sat in front of him is a young female wearing a scarf. Her scarf is handing over the seat behind her. He picks it up and strokes it before smelling it. Stanley is arrested for Sexual Assault by Touching and answers no comment in interview.

What four points should be considered to prove the offence?

What is the biggest question that must be asked of Stanley’s intention?

Answer 13

s3 Sexual Offences Act 2003

(1) A person (A) commits an offence if—
(a) he INTENTIONALLY touches another person (B) (can be through clothing),
(b) the touching is sexual,
(c) B does not consent to the touching, and
(d) A does not reasonably believe that B consents.

Is the touching sexual in nature? In this scenario, it clearly is.

Question 14

Question: Ralph is in a relationship with Sarah. He sees an advertisement which is asking for women under 30 to act as telephone sex workers. Clients would call them up and they would have sexually explicit conversations with them. This is for the caller’s sexual gratification. Sarah says she doesn’t want to do it, Ralph says she doesn’t have a choice. Sarah takes the job as she is scared of Ralph.

Has the offence of causing a person to engage in sexual activity without consent been committed?

Answer 14

s4 Sexual Offences Act 2003

(1) A person (A) commits an offence if—
(a) he intentionally causes another person (B) to engage in an activity,
(b) the activity is sexual,
(c) B does not consent to engaging in the activity, and
(d) A does not reasonably believe that B consents.

Question 15

Question: Rachel is in an abusive relationship with Ben. Ben comes home drunk and picks up a hammer. He demands that Rachel comes over to him and strip. She does as he says, he then pushes the handle of the hammer towards he mouth and pushes it in. Ben is receiving sexual gratification from this action.

Has the offence of Assault by Penetration been committed here?

Answer 15

Assault by Penetration has not been committed in these circumstances.

When you consult any legal text, you will see legislators expressly omitted penetration of the mouth.

Other serious offences have been committed though.

Question 16

Question: PC Jones is a probationer and asks you about a case he has. It is in relation to a sexual assault and the victim has asked if she can remain anonymous if she takes the case to court.

What do you tell PC Jones?

Answer 16

• s1 Sexual Offences (Amendment) Act 1992
• Covers most sexual offences and gives court powers to significantly restrict reporting and allow victims to remain anonymous.

Question 17

Harry and Lisa start going out. Harry is into bondage and encourages Lisa to take part. She is hesitant but agrees to be tied up. She is bound to the chair, so she cannot move. Harry then brings his dog into the bedroom. Lisa who has a her mouth taped shut cannot say “no” and tries to move but she cannot. Harry allows the dog to vaginally penetrate Lisa.

Has the offence of Assault by Penetration been committed here?

Answer 17

The offence of assault by penetration (s.3) is made out, as Harry has used a dog to penetrate Lisa.