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Trespass with intent to commit a sexual offence

Sexual offences — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Sexual offences

Trespass with intent to commit a sexual offence

Sexual Offences Act 2003, s.63

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Either way
Maximum penalty
10 years’ custody

Actus reus

  • A is a trespasser on any premises (SOA 2003, s.63).

Mens rea

  • Intends to commit a relevant sexual offence on the premises, and knows that or is reckless as to whether he is a trespasser.

Defences

Not a trespasser / permission to be there · No intent to commit a relevant sexual offence · Did not know and was not reckless as to trespass

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: 1 – 9 years’ custody.

View definitive guideline ↗

At the police station

The sexual offence need not have been committed. Entry and intent are the two proofs.

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.

More in Sexual offences

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.