Page:Sexual Offences Act 2003.pdf/8

2 Part 1—Sexual Offences Assault 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.

(3) Sections 75 and 76 apply to an offence under this section.

(4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

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.

(3) Sections 75 and 76 apply to an offence under this section.

(4) A person 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 not exceeding the statutory maximum or both;
 * (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.

Causing sexual activity without consent 4 Causing a person to engage in sexual activity without consent

(1) A person (A) commits an offence if—
 * (a) he intentionally causes another person (B) to engage in an activity,
 * (b) the activity is sexual,
 * (c) B does not consent to engaging in the activity, 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.