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Legal Terms - Sexual assault involving penetration
Sexual assault is a criminal act defined by the Sexual Offences Act 2003, in which an individual (referred to as A) deliberately penetrates the vagina or anus of another person.
Non-consensual penetration refers to the act of one person (A) using a portion of their body or any other object to sexually penetrate another person (B) without B's consent, and without A having a reasonable belief that B consents. The reasonableness of A's belief in B's permission is decided by considering all relevant circumstances, including any efforts made by A to confirm B's consent. In the 2003 Act, the mens rea requirement for assault by penetration establishes a level of carelessness. This means that even if the defendant honestly but unreasonably believed that the victim consented, it will not excuse them from liability.
Previously, if the criminal really believed that the victim had given consent, it would cancel out any responsibility, regardless of whether that belief was reasonable (DPP v Morgan [1976] AC 182 (HL)). Assault by penetration carries a potential sentence of life imprisonment. Unlike the crime of rape, which can only be perpetrated by a man as the main offender, assault by penetration can be committed by both men and women as the main offenders.
Sexual assault is a criminal act defined by the Sexual Offences Act 2003, in which an individual (referred to as A) deliberately penetrates the vagina or anus of another person.
Non-consensual penetration refers to the act of one person (A) using a portion of their body or any other object to sexually penetrate another person (B) without B's consent, and without A having a reasonable belief that B consents. The reasonableness of A's belief in B's permission is decided by considering all relevant circumstances, including any efforts made by A to confirm B's consent. In the 2003 Act, the mens rea requirement for assault by penetration establishes a level of carelessness. This means that even if the defendant honestly but unreasonably believed that the victim consented, it will not excuse them from liability.
Previously, if the criminal really believed that the victim had given consent, it would cancel out any responsibility, regardless of whether that belief was reasonable (DPP v Morgan [1976] AC 182 (HL)). Assault by penetration carries a potential sentence of life imprisonment. Unlike the crime of rape, which can only be perpetrated by a man as the main offender, assault by penetration can be committed by both men and women as the main offenders.
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