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criminal law sexual asssault notes
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What is sexual assault?Section 3 of the Sexual Offences Act 2003
(1) A person commits an offence if -
(a) he intentionally touches another person
(b) the touching is sexual
(c) B does not consent to the touching
(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
(3) Sections 75 and 76 apply to an offence under the section
(4) A person is guilty of an offence under this section is liable -
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine of not
exceeding the statutory maximum or both
(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years
Actus Reus of Sexual Assault ;
- the defendant touches the complainant
- the touching is sexual
- the complainant does not consent to the touching
the defendant touches the complainant;
touching is defined by section 79 of the Act as to include touching with any part of the body or
anything else and through anything. It is widely defined to cover most situations.
Section 79 Part 1 - General Interpretation
Touching includes touching -
- with any part of the body
- with anything else
- though anything, and in particular includes touching amounting to penetration.
The touching is sexual;
Sexual is defined by section 78 of the Act as "penetration, touching or any other activity is sexual if a
reasonable person would consider that (a) whatever its circumstances or any person's purpose in
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