Sexual Assault

Sexual assault is a serious crime and a conviction can result in a lengthy prison sentence. At Old Bailey Solicitors, we understand the profound impact that accusations of sexual assault can have on individuals and their families. As a dedicated criminal defence firm, it is our mission to provide comprehensive legal support and representation to those accused of such serious offences.

What is sexual assault?

Sexual assault involves intentional touching of another person in a sexual manner without their consent, or without a reasonable belief that they are consenting. This definition encompasses a broad range of unwanted sexual conduct, from inappropriate touching to more invasive actions and is set out in Section 3 of the Sexual Offences Act 2003.

To be found guilty of sexual assault, the prosecution must prove the following:

1. You intentionally touched another person,
2. The touching was sexual,
3. The person did not consent to the touching,
4. Or you did not reasonably believe that the person consented to the touching.

The most crucial aspect of sexual assault is consent.

What is consent?

The Sexual Offences Act 2003 says that someone consents to sexual activity if they:

1. Agree to engage in the sexual touching by choice and;
2. Have both the freedom and capacity to make that choice.

Someone doesn’t have the freedom and capacity to agree to sexual touching by choice if:

• They are asleep or unconscious.
• They are intoxicated on drugs or alcohol.
• They have been ‘spiked’.
• They are too young.
• They have a mental health disorder or illness that means they are unable to make a choice.
• They are being pressured, bullied, manipulated or scared into saying ‘yes’.
• The other person is using physical force against them.

It is essential to understand that consent can be withdrawn at any time, and previous relationships or encounters do not imply ongoing consent. Therefore, clear and unequivocal communication is crucial in all sexual interactions.

What is sexual touching?

Touching of another person will be deemed to be sexual if a reasonable person would consider that its nature is sexual, regardless of the defendant’s intention or purpose.  This is likely to apply if the touching is to someone else’s genitals, buttocks or breasts for instance.  However, a court may also find that the touching was sexual by considering the particular purpose of the defendant.  This might apply where the defendant touches an innocuous part of the victim’s body (such as their elbow) but other evidence suggests that the defendant has a sexual interest in elbows generally.

Whether the touching was sexual or not will be a matter for the court to determine at trial (the jury or the Magistrates).

What are the sentencing guidelines for sexual assault?

Sexual assault is triable either way, meaning your case can be heard in either the Magistrates’ Court or the Crown Court depending on the seriousness of the allegation.

The sentencing guidelines for sexual assault depend on the level of harm to the victim and the culpability of the defendant. Sentences can range from a community order to a lengthy custodial sentence. The higher the category and level of culpability the higher the sentence the defendant will receive.

Harm

Harm Category 1

This is the highest category of sexual assault and covers the following instances:

• Causing severe psychological or physical harm to the victim
• Abduction
• Violence and threats
• Breaking into the victim’s home

Harm Category 2

This is the second highest level of sexual assault and covers the following instances:

• Touching of naked private body parts
• Prolonged detention
• Additional degradation or humiliation
• Victim being vulnerable

Harm Category 3

This is the lowest level of sexual assault and can only be given to cases where none of the factors seen in categories 1 and 2 are present.

Culpability

Culpability A

This is the highest form of culpability and covers the following instances:

• Significant degree of planning.
• Offender acts together with others to commit the offence.
• Use of alcohol/drugs on victim to facilitate the offence Abuse of trust.
• Previous violence against victim.
• Offence committed in course of burglary Recording of offence.
• Commercial exploitation and/or motivation.
• Offence racially or religiously aggravated.
• Offence motivated by, or demonstrating, hostility to the victim based on his or her sexual orientation (or presumed sexual orientation) or transgender identity (or presumed transgender identity).
• Offence motivated by, or demonstrating, hostility to the victim based on his or her disability (or presumed disability).

Culpability B

This is the lowest level of culpability and can be given in cases where none of the factors in culpability A are present.

What sentence will I receive?

The highest sentence for sexual assault is given for offences that fall into category 1 of harm and culpability A. The starting point for sentencing is 4 years custody but can range up to 7 years custody.

The lowest sentence for sexual assault is given to offences that fall into category 3 of harm and culpability B. The starting point for these types of offences is a high-level community order and can be lowered to a medium-level community order in less severe cases.

The sentence can also be affected by the presence of aggravating factors, such as the use of violence, the involvement of multiple perpetrators, and the presence of a weapon. In cases where the victim is a child or a vulnerable adult, the sentence is also likely to be higher. There may also be mitigating factors, such as genuine remorse, lack of previous convictions and others, which would reduce the sentence.

Will I be put on the sex offenders register?

A conviction for sexual assault not only carries severe criminal penalties but also has long-term implications, including mandatory registration on the Sex Offenders Register (depending on the sentence imposed).

Individuals placed on this register must comply with strict reporting requirements, such as notifying the police of their address, any changes to their living situation, and travel plans. The length of time an individual remains on the register varies depending on the severity of the offence and the length of the sentence.

Read our blog on the sex offenders register.

What do I do if I am accused of sexual assault?

Sexual assault is a serious crime with severe consequences. At Old Bailey Solicitors, we are here to support and defend those accused of such offences, ensuring that they receive fair treatment and justice. Our dedicated team works diligently to challenge the evidence, present compelling defences, and advocate for fair and just outcomes. If you or someone you know is facing charges related to sexual assault, do not hesitate to contact us for expert legal advice and representation.

For more information or to schedule a consultation, please contact our office today.