Assault by Penetration
Protecting Your Rights, Defending Your Future
An accusation of assault by penetration is a serious and life-changing matter. Allegations of this nature can result in severe legal repercussions, as well as impacting your reputation, relationships, future as well as causing mental anguish.
It is essential that you receive a strong defence to protect your rights. Our award-winning solicitors are experts in criminal law with a proven history of achieving successful outcomes for our clients. They invest effort and time into carefully analysing the details of your case, developing a personalised defence strategy tailored to your specific circumstances.
Our commitment to our clients:
- Comprehensive Legal Support: From initial investigations to courtroom representation, we provide comprehensive legal support at every stage of the process.
- Representation: We leave no stone unturned when investigating the charges against you. We conduct thorough investigations, gather evidence, interview witnesses and work with expert witnesses to build a solid defence. Our efforts are focused on challenging the prosecution’s case and securing the best possible outcome.
- Confidentiality and Discretion: We manage all cases with the utmost discretion. Your privacy is paramount and we take all necessary steps to protect your confidentiality throughout the legal process.
Understanding Your Rights
Facing an accusation of assault by penetration can feel daunting, but it is vital to understand your rights and the legal proceedings ahead. KANGS is dedicated to supporting you through every step, ensuring you make well-informed choices regarding your defence.
Contact KANGS today for a confidential consultation. Let our experienced defence solicitors provide you with the legal expertise you need.
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How can KANGS help?
Our team of specialist solicitors provide the following services:
- Initial Consultation and Legal Advice: Confidential consultation to discuss the case details, provide an initial assessment and advise on legal rights and options.
- Police interviews: representation during police interviews, ensuring our client's rights are protected.
- Representation at a voluntary interview under caution
- Representation at an interview under caution following arrest
- Preparation of pre-charge representations to the CPS or Police
- Representation in Magistrates’ Court and Crown Court proceedings
- Recommendations on selecting a barrister or King's Counsel (KC), as the cross-examination of the complainant and other prosecution witnesses often plays a pivotal role in court proceedings.
Contact KANGS
The expert lawyers at KANGS are available to assist you. We can arrange initial consultations in person, by video call or telephone.
Please contact one of our experts listed below or contact us at:
What is assault by penetration?
The Legislation:
Section 2 of The Sexual Offences Act 2003 defines an offence of Assault by Penetration as:
(1) A person (A) commits an offence if—
(a) he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else,
(b) the penetration is sexual,
(c) B does not consent to the penetration, 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.
Key point: This offence can be charged where the complainant is unsure if penetration was by a penis or something else and there is insufficient evidence to charge rape.
What is the difference between rape and assault by penetration?
Assault by penetration is an offence covered under Section 2 of the Sexual Offences Act 2003. This offence is similar to rape however, they are different in that assault by penetration occurs when an alleged offender penetrates a victim using a foreign object (e.g. bottle) or any part of the body (e.g. finger) other than a penis. If the alleged offender penetrates with their penis, they would be charged with rape.
Who can be prosecuted?
The difference between this offence and a Section 1 offence of Rape is that the penetration does not have to be with the penis, therefore the offence can be committed by a woman.
How Is The Offence Interpreted?
There is no offence if the penetration is of the mouth; it only applies to the vagina or anus but can be by a body part or anything else, such as an object.
There is an added requirement for the penetration to be sexual. “Sexual” is defined in the Act as being established:
‘if a reasonable person would consider that –
(a) whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual, or
(b) because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.’
Therefore, having consideration to all the facts of the case and the circumstances of the penetration, the jury will have to decide whether it was sexual.
The Court Procedure
Assault by penetration is an indictable only offence, which means that it will be dealt with in the Crown Court before a jury.
The maximum sentence for assault by penetration is life imprisonment.
Defending an Allegation of Assault by Penetration
As for the offence of rape, it is likely that the same kind of considerations will be given when defending an allegation of assault by penetration such as:
- Forensic evidence
- Phone evidence, including texts communications
- Social media
- Witness evidence
- Background behaviour, before and after the incident
- Third party records, such as Social Services
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.
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