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Sexual Assault

THE LEGISLATION

Section 3 of the Sexual Offences Act 2003 defines the offence of sexual assault as:

(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.

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What does the offence involve?

  • The offence covers intentional touching.
  • If the touching is accidental, no offence will have been committed.
  • The touching can be to any part of the body and with any part of the body or with anything else.
  • It also does not have to have been to the skin. The offence can be committed over clothing.
  • The offence can be committed by a man or a woman.
  • The issue in relation to whether the touching was sexual, in accordance with the section 2 offence of assault by penetration , will be for the jury to decide having heard all the facts of the case.
  • The issues surrounding consent apply equally as they do to the offence of rape, which you can read about here.

The Court Procedure

The offence of sexual assault is an either way offence which can be dealt with in the Magistrates’ Court or the Crown Court.

The maximum sentence for sexual assault is 10 years imprisonment.

A number of matters will be taken into account when sentencing an individual convicted of this offence such as:

  • the nature of the touching
  • the effect or vulnerability of the victim
  • the offender’s previous convictions.

Further details in relation to sentencing guidelines for sexual offences can be found here.

Who Can I Contact For Advice & Help?

It is imperative that you instruct an experienced solicitor as soon as you are aware of an allegation being made.

Crucially, it is always important to have a solicitor present in interview at the police station, whether it is an interview by appointment or under arrest.

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They are really great lawyers. Their client care is premium.
CHAMBERS UK
Kangs is a very proactive firm. They are always very quick off the mark in cases, which provides clients with great reassurance. They are always available to meet with clients at short notice, which is invaluable as often the advice sought is urgent.
CHAMBERS UK
Words cannot express the way I feel knowing that the Jury believed my innocence of the allegations made against me…I am very grateful to my Lawyer and Barrister for the level of support throughout my case. I can now live without the stigma of being a sexual offender.
CLIENT
This has been a very harrowing experience for me and my family. There have been some very dark moments over the last 12 months or so but I have had to stay strong in order to fight these false allegations. I have been helped enormously by my solicitors who have dealt with my matter with patience and great diligence. The support I received during the trial was fantastic and I would like to extend a special thank you to them.
CLIENT
I contacted Kangs Solicitors having been arrested for an allegation of rape. I was in complete shock at what had happened as I had been falsely accused and I needed immediate experienced legal support. Upon meeting the senior partner of Kangs Solicitors, Hamraj Kang, I felt that they immediately understood my situation due to their considerable experience dealing with such cases. I was very comfortable with the way they sympathetically explained how they could assist me and what I would need to do with their help to prepare my case. My case was prepared to an exceptionally high standard. Kangs selected the perfect barrister for my situation in order to fight my case. I am just so thankful that I instructed Kangs Solicitors as they really have made a huge difference to my life. Thank you.
CLIENT

The Experts

Hamraj Kang
Hamraj Kang
SENIOR PARTNER
Helen Holder
Helen Holder
PARTNER
Sukhdip Randhawa
Sukhdip Randhawa
Legal Director
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