Argumentative Penguin
1 min readFeb 28, 2023

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It’s a curious quirk of British law. Don’t worry, females can be charged with sexual assault with penetration or sexual assault by forcing another to penetrate, but neither of these are the legal definition of rape in the U.K. By law rape must be committed with a penis.

Sexual assault is covered under Section 3, and causing penetration without consent is covered in Section 4 of the Sexual Offences Act (2003)

The offence can be committed by words alone e.g. defendant makes his victim carry out a sexual act, such as masturbation, that only involves the victim. This offence covers situations where, for example, a complainant is forced to carry out a sexual act involving their own person, such as masturbation, or to engage in sexual activity with a third party, who may be willing or not, or to engage in sexual activity with the offender e.g. woman forces a man to penetrate her. This section creates two separate offences, penetrative and non-penetrative.

The mode of trial and maximum sentence varies depending on whether there is penetration.The non-penetrative offence is either way and attracts a maximum 10 year sentence on indictment. The penetrative offence is indictable only and attracts a maximum sentence of life imprisonment.

When charging female offenders- prosecution must specify whether penetration occurred, to create a rape equivalence at sentencing. If the victim is under 13 years old, then different sections then apply.

Hope that helps. :o)

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Argumentative Penguin
Argumentative Penguin

Written by Argumentative Penguin

Playwright. Screenwriter. Penguin. Fan of rationalism and polite discourse. Find me causing chaos in the comments. Contact: argumentativepenguin@outlook.com

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