Being under investigation for any crime can be extremely stressful, but if someone has accused you of a sexual offense, this can be particularly traumatic.
Aside from the obvious concerns you may have about a criminal record, and possible prison time, you’re also likely to be anxious about damage caused to your reputation and personal relationships.
It’s vital that if you’re accused of assault by penetration or any other sexual crime, you get in touch with specialist sexual offense solicitors as soon as possible. They will help you to understand the charges against you and build a robust case for your defense. Experienced sexual offense solicitors should also provide strategies for reputation management and dealing with any media involvement, helping you to minimize the impact of the investigation on your personal life.
In this blog, we discuss the definition of assault by penetration, points that must be proven in order for this offense to have been committed, and assault by penetration sentencing guidelines used by UK courts.
Table of Contents
Assault by penetration definition
Section 2 of the Sexual Offences Act 2003 defines assault by penetration as intentional penetration of the vagina or anus using an object, or a body part other than the penis, without the other person’s consent.
The penis is, notably, excluded from the definition of assault by penetration. This is because the penetration of the vagina or anus by a penis is classified as rape – a separate and distinct sexual offense.
Assault by penetration points to prove
There are several points that the CPS must prove in order for an individual to be found guilty of assault by penetration. These are:
- That the defendant penetrated the victim’s vagina or anus using an object or a body part other than the penis.
- That this penetration was sexual in nature. For example, a medical professional inserting an intrauterine device into someone’s vagina as part of a contraceptive plan would not be considered sexual.
- That the victim did not consent to this penetration.
- That the defendant did not hold a reasonable belief that the victim consented to the penetration.
The definition of the word ‘consent’ is of immense importance here. Consent is only possible when someone has agreed to an activity by their own choice. They must have the mental capacity and the freedom to make that choice.
In order to give their consent to sexual activity, a person must fully understand what is happening. Therefore, if they were drunk or under the influence of drugs, whether legal or otherwise, they may be deemed not to have had the capacity to consent at the time of the alleged incident.
It’s also important to note that the legal age for sexual activity in the UK is 16 years old. The law states that anyone younger than this cannot give consent. So, even if a person under 16 years old gave their agreement to sexual activity, this is not classed as consent.
Assault by penetration sentencing guidelines
UK courts take offenses of sexual assault by penetration extremely seriously. If a person is found guilty of this crime, a prison sentence is the most likely outcome in most cases.
Offenses against victims under the age of 16 are viewed more harshly and are usually punishable by lengthy prison sentences.
Assault of a child under 13 by penetration is a separate offense, with perpetrators often receiving life imprisonment.
Get in touch with specialist sexual offense solicitors
With such grave potential consequences for a guilty verdict, if you’ve been accused of assault by penetration, it’s vital that you speak with expert sexual offence solicitors as soon as possible.
PCD Solicitors have many years of experience in successfully defending clients accused of sexual offenses. They have an impressive record of getting cases dismissed before they even make it to court.
For a confidential, no-obligation conversation with the professional team at PCD Solicitors, call 0151 7058488. Alternatively, send a message using the contact form on their website for a swift response.
