Causing A Person To Engage In Sexual Activity Without Consent
Defending Your Rights in Consent Cases
Causing a person to engage in sexual activity without consent comes under Section 4 of the Sexual Offences Act 2003. This is a serious criminal charge that can lead to imprisonment and have lasting damage to your reputation and personal relationships.
The prosecution will usually allege that the accused used force, threats and other forms of coercion to make a person engage in sexual activity.
Our team conducts a meticulous investigation of the allegations, gathering evidence, interviewing witnesses and examining all aspects of the case to build the strongest possible defence strategy.
Expert Legal Defence
At KANGS, we leave no stone unturned in defending our clients. Our solicitors have a wealth of experience handling sexual offence cases and will provide a robust defence. It can be devastating and isolating to face such serious allegations, but our team is committed to providing compassionate support ensuring you feel heard.
If you are facing charges of causing a person to engage in sexual activity without consent, it is crucial to seek expert legal advice as soon as possible. Contact KANGS today for a confidential consultation, our experienced defence solicitors will 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 the definition of Causing Sexual Activity Without Consent?
The Legislation:
Section 4 of the Sexual Offences Act 2003 defines the above offence as:
(1) A person (X) commits an offence if—
(a) he intentionally causes another person (Y) to engage in an activity
(b) the activity is sexual
(c) Y does not consent to engaging in the activity, and
(d) X does not reasonably believe that Y consents
(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps X has taken to ascertain whether Y consents.
Causing A Person To Engage In Sexual Activity Without Consent | Explained
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 crucial to consult an experienced solicitor as soon as you become aware of any allegations against you.
Moreover, having a solicitor present during any police station interview, whether by appointment or under arrest, is always essential.
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