Last revised September 2015
SEXUAL (AND RELATED) OFFENCES
s.2 ASSAULT BY PENETRATION
(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.
Sexual Offences Act 2003
s.74 CONSENT
a person consents if he agrees by choice, and has the freedom and capacity to make that choice.
Sexual Offences Act 2003
s.3 SEXUAL ASSAULT
(1) A person (A) commits an offence if—
(a) he intentionally touches another person
(B),
(b) the touching is sexual,
(c) B does not consent to the touching, 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.
Sexual Offences Act 2003
STALKING
Section 2A(3) of the Protection from Harassment
Act 1997 sets out examples of ‘acts or omissions
which, in particular circumstances, are ones
associated with stalking. These include:
physical following; contacting, or attempting to
contact a person by any means (this may be
through third parties); or, other intrusions into the
victim’s privacy such as loitering in a particular
place or watching or spying on a person. The
effect of such behaviour is to curtail a victim’s
freedom, leaving them feelinv that they
constantly have to be careful. In many cases the
conduct might appear innocent (if it were to be
taken in isolation), but when carried out
repeatedly so as to amount to a course of
conduct, it may then cause significant alarm,
harassment or distress to the victim.’ CPS
(2014)
SEXUAL HARASSMENT
s.2A(3) of the Protection from Harassment Act 1997 sets out examples of acts or omissions associated
with stalking. These include: physical following, contacting or, other intrusions into the victim's privacy such
as spying on a person. Such behaviour may leave victims feeling intimidated. On the face of it, the conduct
might appear innocent, but when carried out repeatedly it may then cause significant alarm, harassment or
distress. Revised from CPS (2014).
s.1 RAPE
(1) A person (A) commits an offence if—
(a) he intentionally penetrates the vagina,
anus or mouth of another person (B) with his
penis,
(b) B does not consent to the penetration, and
(c ) 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.
Sexual Offences Act 2003
