Sexual Offences - Sexual Assault

Question 1

What is the definition of assault by penetration?

Answer 1

• He intentionally penetrates the vagina or anus of another person with part of his body or anything else
• the penetration is sexual
• the person does not consent to the penetration
• the perpetrator does not reasonably believe that they consented

Question 2

What is determined as ‘sexual’?

Answer 2

if a reasonable person would consider that
- it is sexual by its nature (e.g. masturbation)
- something that may be sexual but it is dependent on the circumstances (e.g. a doctor at a hospital inserting his finger into a patient’s vagina is, although sexual in nature, it is intended for medical purposes/ intimate searches police)

if the activity is not sexual to a reasonable person, it will not meet the criteria irrespective of any sexual gratification - thus weird fetishes that no ordinary person would see as sexual will not be covered

Question 3

What is the definition of sexual assault?

Answer 3

• He intentionally touches another person (cannot be reckless or accidental)
• The touching is sexual (not necessary to prove this)
• The person does not consent to the touching
• The perpetrator does not reasonably believe that the person consents

Question 4

Can someone touch clothing and still be found guilty of sexual assault?

Answer 4

Yes - touching a person’s clothing whilst they are wearing it is included in this offence

e.g. R v H [2005] - a man approached a woman, grabbed her tracksuit bottoms as she tried to walk away and asked “DO YOU FANCY A SHAG” - he was convicted of this offence

Question 5

Define touching (Sexual Offences)

Answer 5

• with any part of the body
• with anything else
• through anything
• no requirement for force/ violence
• the part of the body touched need not be a sexual organ or orifice
• the victim does not need to be aware of the touching

Question 6

What is the definition of causing sexual activity without consent?

Answer 6

• he intentionally causes another person to engage in an activity
• the activity is sexual
• the victim does not consent to engaging in the activity
• the perpetrator does not reasonably believe that they consent

Question 7

Examples of causing sexual activity without consent

Answer 7

• a woman forcing a man to penetrate her (overlaps with rape as rape can only be committed by a man)
• person forcing someone to masturbate them/ third party (including animals)
• prostitution
• engaging in a conversation of a sexual nature

Question 8

Does a victim have to be aware the sexual assault is happening?

Answer 8

No

Question 9

Maximum Sentences Sexual Assault

Answer 9

Rape - Life
All Assault by Penetration - Life
Sexual Assault - 10 years