Argumentative Penguin
1 min readFeb 22, 2023

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Yes. 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

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