Sexual offences
Sexual assault
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 10 years' custody (6 months on summary conviction — SOA 2003, s.3(4))
Actus reus
- Intentionally touches another person; the touching is sexual; the other does not consent (SOA 2003, s.3(1)).
Mens rea
- Intention as to the touching.
- Does not reasonably believe the other consents — reasonableness judged on all the circumstances, including any steps taken to ascertain consent (s.3(2)). Sections 75 and 76 evidential/conclusive presumptions can apply.
Defences
Consent, or a reasonable belief in consent · Touching was not sexual · Deny the touching / identification
Sentencing Council
Sentencing Council guideline effective 1 April 2014. Offence range: community order to 7 years' custody.
At the police station
Disclosure is often staged. Do not treat 'reasonable belief' as a slogan — take a chronology and what the client says they understood at the time.
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.3 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Rape and sexual offences (full guidance) ↗