Kangs Solicitor
BIRMINGHAM: 0121 449 9888
LONDON: 020 7936 6396
MANCHESTER: 0161 817 5020

Winner of the Legal 500 – ‘Criminal, Fraud & Licensing Law Firm of the Year’ – “One of, if not the best, criminal specialist firms in the country”

Causing A Person To Engage In Sexual Activity Without Consent

Legal 500

“This is a first class firm with unrivalled experience, a great track record, an acute attention to detail and a tenacity that clients really rate are all features of this firm”

The Legislation

Section 4 of the Sexual Offences Act 2003 defines the above offence as:

(1) A person (A) commits an offence if—

(a) he intentionally causes another person (B) to engage in an activity,
(b) the activity is sexual,
(c) B does not consent to engaging in the activity, and
(d) A does not reasonably believe that B consents.

(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.

Want To Know More About The Offence?

The offence was created, in part, to establish an offence equivalent to rape that could be committed by a woman.

The offence can be committed by words alone and covers situations such as a victim being forced:

to carry out a sexual act involving their own person, such as masturbation,
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.
The issue in relation to whether the activity was sexual, as with the section 2 offence of assault by penetration , will be for the jury to decide, having heard all the facts of the case.

 

The Court Procedure

The offence of causing a person to engage in sexual activity without consent is an either way offence which can be dealt with in the Magistrates’ Court or the Crown Court.

However, if penetration has occurred, the matter can only be dealt with in the Crown Court and carries a maximum sentence of life imprisonment.

A number of matters will be taken into account when sentencing an individual convicted of this offence such as:

  • the nature of the sexual activity
  • the offender’s culpability.

Further details in relation to sentencing guidelines for sexual offences can be found here .

Who Can I Contact For Advice & Help?

It is imperative that you instruct an experienced solicitor as soon as you are aware of an allegation being made.

Crucially, it is always important to have a solicitor present in interview at the police station, whether it is an interview by appointment or under arrest.

Legal 500

“Kangs Solicitors is rated for the ‘proactive, expert defence’ it provides to executives and high-net-worth individuals”

Legal 500

“One of, if not the best, criminal specialist firms in the country”

Chambers UK

“Its is a first rate firm that is dedicated to its clients and is tenacious in challenging the prosecution”

Legal 500

“It has very bright individuals at all levels who know the system inside out”

Legal 500

“Kangs Solicitors is a standout firm whose lawyers are hardworking, highly knowledgeable and great with clients”

Chambers UK

“They are really great lawyers. Their client care is premium”

Chambers UK

“Kangs is a very proactive firm. They are always very quick off the mark in cases, which provides clients with great reassurance. They are always available to meet with clients at short notice, which is invaluable as often the advice sought is urgent”

Latest News

HMRC Civil Tax Investigations VAT Assessments Tax Tribunals
Serious Fraud, VAT & Tax Tax Investigations & COP 9  
     
     
     
     
     
     
     
Sports Law & Management    
     
     
     
     
     
     
     
     
Hamraj Kang

Hamraj Kang

Stuart Southall

Stuart Southall

Mick Carney

Mick Carney

Colin Parker

Colin Parker

Amandeep Murria

Amandeep Murria

Zahir Ahmed

Zahir Ahmed

John Veale

John Veale

Helen Holder

Helen Holder

Sukhdip Randhawa

Sukhdip Randhawa

Tim Thompson

Tim Thompson