SOA 2003
Sexual Offences Act 2003
The principal modern Act for sexual offending in England and Wales. Codifies rape, assault by penetration, sexual assault and offences against children, and reframes consent in s.74–s.76.
Self-test
Sections
Section 1 — Rape
A person (A) commits rape if they intentionally penetrate the vagina, anus or mouth of another (B) with their penis, B does not consent, and A does not reasonably believe B consents.
- Penile penetration only — other penetration falls under s.2.
- Reasonable belief in consent assessed against all the circumstances, including any steps A has taken to ascertain consent.
- Indictable only — max life imprisonment.
Section 2 — Assault by penetration
Intentional sexual penetration of the vagina or anus of another with a part of the body or anything else, without consent and without reasonable belief in consent.
- Covers penetration with fingers or objects.
- Indictable only — max life imprisonment.
Section 3 — Sexual assault
Intentionally touching another person sexually, without their consent and without reasonable belief in consent.
- 'Touching' includes through clothing.
- 'Sexual' defined in s.78 — by nature, or by nature + circumstances/purpose.
- Either way — max 10 years on indictment.
Section 4 — Causing a person to engage in sexual activity without consent
Intentionally causing another person to engage in sexual activity, without consent and without reasonable belief in consent.
- No requirement that A themselves touches B.
- Either way; indictable only where penetration is involved (max life).
Section 74 — 'Consent' defined
A person consents if they agree by choice and have the freedom and capacity to make that choice.
- Three elements: agreement, freedom, capacity.
- Capacity considerations include intoxication, age, mental disorder, sleep/unconsciousness.
- Read with the s.75 evidential and s.76 conclusive presumptions about consent.
Section 75 — Evidential presumptions about consent
Where the prosecution proves the act and one of the listed circumstances (e.g. violence, unlawful detention, unconsciousness, disability, administered substance), B is presumed not to have consented and A not to have reasonably believed in consent — unless evidence is raised to the contrary.
- Six listed circumstances in s.75(2).
- Rebuttable — defence may raise sufficient evidence to put consent in issue.
Section 76 — Conclusive presumptions about consent
Where the prosecution proves the act and that A intentionally deceived B as to the nature/purpose of the act, or impersonated a person known personally to B, consent and reasonable belief are conclusively presumed absent.
- Two narrow categories — deception and impersonation.
- Conclusive — cannot be rebutted by the defence.