Sexual offences
Causing a person to engage in sexual activity without consent
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Indictable only
- Maximum penalty
- Life imprisonment (if penetration involved), otherwise 10 years’ custody
Actus reus
- Intentionally causes another (B) to engage in a sexual activity; B does not consent (SOA 2003, s.4(1)).
Mens rea
- Intention as to causing the activity. A does not reasonably believe B consents (s.4(1)(d), (2)). Sections 75 and 76 can apply.
Defences
Consent, or a reasonable belief in consent · Activity not sexual · Did not cause B to engage in it
Sentencing Council
Sentencing Council guideline effective 1 April 2014. Offence range: Community order – 7 years’ custody (if no penetration involved)/19 years' custody (if penetration involved) Where.
At the police station
Penetration limbs have a life maximum; other activity 10 years. Same consent structure as s.1–3.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested. For this allegation we would normally want a solicitor involved early.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Sexual Offences Act 2003, s.4 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Rape and sexual offences (full guidance) ↗