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”

Sexual Assault

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 3 of the Sexual Offences Act 2003 defines the offence of sexual assault as:

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

(a) he intentionally touches another person (B),
(b) the touching is sexual,
(c) B does not consent to the touching, 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.

What Does The Offence Involve?

  • The offence covers intentional touching.
  • If the touching is accidental, no offence will have been committed.
  • The touching can be to any part of the body and with any part of the body or with anything else.
  • It also does not have to have been to the skin. The offence can be committed over clothing.
  • The offence can be committed by a man or a woman.
  • The issue in relation to whether the touching was sexual, in accordance 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 issues surrounding consent apply equally as they do to the offence of rape, which you can read about here .

 

The Court Procedure

The offence of sexual assault is an either way offence which can be dealt with in the Magistrates’ Court or the Crown Court.

The maximum sentence for sexual assault is 10 years imprisonment.

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

  • the nature of the touching
  • the effect or vulnerability of the victim
  • the offender’s previous convictions.

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”

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