Sexual Assault

About Sexual Assault

Sexual assault is defined by Section 3 of the Sexual Offences Act 2003. A person commits sexual assault if they intentionally touch another person, the touching is sexual, the other person does not consent to the touching, and the defendant does not reasonably believe that the other person consents. The touching can be of any part of the body, with any part of the body, or with anything else — and it can be through clothing. The question of whether the touching was "sexual" is determined by whether a reasonable person would consider it to be sexual by its nature.

Sexual assault is an either-way offence carrying a maximum of ten years' imprisonment on indictment. Sentencing depends on the nature and circumstances of the touching, whether it was a sustained assault or a single incident, the degree of planning, and the impact on the victim. At the lower end, sentences may involve community orders with sexual offender treatment programmes. At the higher end, custodial sentences of several years are imposed. In all cases, a conviction results in placement on the Sex Offenders Register and notification requirements that can last from a minimum of five years to life, depending on the sentence.

Consent is the central issue in many sexual assault cases. The Sexual Offences Act 2003 defines consent as agreement by choice where the person has the freedom and capacity to make that choice. If the complainant was asleep, unconscious, heavily intoxicated, or otherwise lacked capacity, consent cannot exist. The Act also provides for evidential presumptions about consent in certain circumstances — such as where the complainant was unlawfully detained, was asleep, or had been administered a substance capable of causing stupefaction.

Defending sexual assault allegations requires a careful and sensitive approach. The defence may focus on consent — that the complainant did in fact consent, or that the defendant had a reasonable belief in consent. It may challenge whether the touching was sexual. It may contest the identification of the defendant. Or it may present evidence that the allegation is false or motivated by other factors. Each of these approaches requires different evidence and different strategies, and the choice of defence must be informed by a thorough review of all the material.

Why Early Representation Matters

Sexual assault cases require absolute discretion and a defence strategy tailored to the specific allegation. We handle every aspect of these cases with the sensitivity they demand while being completely direct with you about the evidence, the risks, and the realistic outcomes. There is no point in false reassurance — you need to know exactly where you stand.

We focus on the evidence that matters most in sexual assault cases: the complainant's account and any inconsistencies within it, communications between the parties before and after the alleged incident, witness evidence, CCTV and phone location data, and any forensic evidence. In cases involving allegations of touching in public places, CCTV footage can be decisive. In cases between people who knew each other, the communications trail often tells a very different story from the one the prosecution presents.

Where a case goes to trial, we instruct barristers who specialise in sexual offence defence and who understand the particular challenges these cases present — including the restrictions on cross-examining complainants about their sexual history and the special measures that may be in place. The advocacy in these trials requires skill, sensitivity, and absolute preparation.