SEXUAL ASSAULT BY PENETRATION

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Sexual assault by penetration is one of the most serious sexual offences under UK law. It involves the intentional penetration of the vagina or anus of another person without their consent, using a part of the body or an object. The offence falls under Section 2 of the Sexual Offences Act 2003 and carries a maximum sentence of life imprisonment.

This offence is committed when:

A person intentionally penetrates the vagina or anus of another person with a part of the body or anything else, and the penetration is sexual in nature, without the other person’s consent, and without a reasonable belief that they consented.

Unlike rape, which is limited to penile penetration and therefore can only be committed by a man, sexual assault by penetration can be committed by any gender, using either a body part (e.g. fingers) or an object.

It is an indictable-only offence, meaning it can only be tried in the Crown Court, due to its seriousness.

Under the Sexual Offences Act 2003, these are distinct offences:

• Rape: Penile penetration of the vagina, anus or mouth without consent. Only a man can be charged with rape.
   
• Sexual Assault by Penetration: Penetration of the vagina or anus with anything other than a penis, or by either gender. Charged when there's insufficient evidence for rape, or when the exact nature of the penetration (e.g. object vs penis) cannot be determined.
   
• Sexual Assault: Involves non-penetrative sexual touching without consent.
   

At the heart of these offences is the issue of consent. Consent must be freely given, and the person must have the freedom and capacity to choose. If someone is asleep, intoxicated, mentally unwell, or otherwise incapable of consenting, the law may consider them unable to give valid consent.

A defence may be available if the accused genuinely and reasonably believed the complainant had consented. However, this belief must stand up to objective scrutiny, and the courts will look at:

• The complainant’s age, maturity and vulnerability
   
• The presence of drugs or alcohol
   
• The nature of the relationship
   
• Any steps the accused took to determine consent
   

If convicted of sexual assault by penetration, the maximum sentence is life imprisonment. The sentence imposed will depend on factors such as:

• The age and vulnerability of the complainant
   
• Use of violence or threats
   
• Any planning or abuse of trust or authority
   
• Whether the offence was part of a series or isolated
   

Offenders may also be subject to:

• Sex Offenders Register (from 2 years to life, depending on sentence)
   
• Sexual Harm Prevention Orders (SHPOs) – limiting contact with minors or internet use
   
• Restraining Orders or Reparation Orders
   
• Lifetime disclosure requirements affecting employment and travel
   

A charge of sexual assault by penetration is devastating. The mere allegation can impact your reputation, employment, relationships, and mental health. A conviction brings life-altering consequences.

Early legal advice is essential. Do not attend a police interview without legal representation, even if it’s described as voluntary. These cases often rely on detailed digital or forensic evidence, and a strong defence must be built from the outset.

At Sexual Offence Defence, we specialise in defending complex sexual offence cases. Our solicitors have a proven track record representing clients accused of serious offences including rape and assault by penetration. We provide:

• Specialist legal advice
   
• Discreet, strategic defence
   
• Support throughout the police investigation and court proceedings
   

We are committed to protecting your rights, ensuring a fair process, and helping you achieve the best possible outcome.