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    "It’s a deluxe firm which pulls out all the stops for its clients"

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    "They are the market leaders for serious crime’"

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    "Kangs has an excellent reputation. They care about their clients and go the extra mile for them"

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    "Kangs Solicitors is a standout firm"

    Legal 500, 2014 edition

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    "Kangs Solicitors is in the highest tier of firms"

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    "Hamraj Kang is noted for his very sharp legal brain"

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    "Kangs Solicitors fields a team of ‘technically able solicitors’
    and is well regarded for its serious crime and fraud work"

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    "Hamraj Kang is a shrewd tactician and very experienced"

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    "What the team is known for - handles an extensive array of criminal matters
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    "Adept at dealing with cases that have an international dimension"

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    Assault By Penetration

    The Legislation

    Section 2 of the Sexual Offences Act 2003 defines the 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.

    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.

    To discuss an allegation of assault by penetration in further detail contact:

    Hamraj Kang
    hkang@kangssolicitors.co.uk
    07976 258171 | 020 7936 6396 | 0121 449 9888

    Helen Holder
    hholder@kangssolicitors.co.uk
    0121 449 9888 | 07989 521210

    Fran Murray
    fmurray@kangssolicitors.co.uk
    020 7936 6396 | 07989 521210

    Cagin Husnu
    chusnu@kangssolicitors.co.uk
    0121 449 9888 | 07989 521210

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