What is Sexual Assault?

The Sexual Offences Act 2003 brought in a complete overhaul of the law surrounding Sexual Offences. With complex laws relating to consent and the rules of evidence, it is important to seek expert advice immediately.

Sexual Assault or Indecent Assault is an act of physical, psychological and emotional violation in the form of a sexual act, inflicted on someone without their consent. It can involve forcing or manipulating someone to witness or participate in any sexual acts.

It can include a kiss on the cheek or inappropriately touching someone over or under their clothes. In some cases, the most basic of physical contact could amount to an indecent assault where there has been no consent and depending on the circumstances of the case.

It is necessary to prove that the assault was both intentional and sexual. An act may be deemed sexual if it is, because of its nature, sexual, or even if it may be sexual and in the circumstances it was. This is a question which will be left to the jury to decide.

What are the Sentencing Guidelines for Sexual Assault?

Although a sentence of 10 years can be given for rape, typical sentences range from a Community order to 7 years.

The length of the sentence will depend on the category of harm caused and the culpability:

  • Severity of psychological or physical harm
  • Touching of naked genitalia or breasts
  • The vulnerability of the victim
  • Violence or threats of violence
  • Forced entry into home

Anyone found guilty of a Sexually related offence will also be required to register on the Sexual Offenders Register. Depending on the charge the defendant will need to stay on the register for between 2 years to an indefinite period of time. Whilst on the register there is a requirement to notify the police:

  • Of all foreign travel
  • If you are living or staying with a person aged under 18, for 12 hours or more
  • Of certain credit card and bank account details

You will be required to go to the police station on a regular basis in order to sign a document stating that you are still complying with SOR regulations. If you have no fixed address, you will be required to go to the police station once a week.

Failure to notify the police of any of the above or of any changes to any of the above is a criminal offence.

What should you do if you've been charged with Sexual Assault?

If you or a family member are accused of Sexual Assault, you should seek legal advice immediately. It is vital that you receive the best advice possible and provide as much detail of the facts of your case as you can to ensure the right result for you.