Rape, assault by penetration and sexual assault
Rape and assault by penetration (Sexual Offences Act 2003 ss.1 and 2) can only be tried in the Crown Court and carry a maximum of life imprisonment; sexual assault (s.3) is triable either way with a maximum of 10 years. Complainants have lifelong anonymity, and conviction usually brings sex offender notification requirements.
The offences
- Rape (Sexual Offences Act 2003 s.1): intentional penetration of the vagina, anus or mouth with the penis.
- Assault by penetration (s.2): sexual penetration of the vagina or anus with a part of the body or anything else.
- Sexual assault (s.3): intentional sexual touching.
- Separate offences apply where the complainant is under 13 (ss.5 to 7).
The prosecution must prove no consent and no reasonable belief in consent, judged on all the circumstances, including any steps taken to find out.
Consent
- A person consents if they agree by choice and have the freedom and capacity to make that choice (s.74).
- Evidential presumptions (s.75): if the defendant knew that, for example, violence was used or threatened, or the complainant was asleep, unconscious or drugged without consent, lack of consent and of reasonable belief is presumed unless evidence raises the issue.
- Conclusive presumptions (s.76): intentionally deceiving the complainant about the nature or purpose of the act, or impersonating someone they know personally, rules out consent.
Mode of trial and maximum sentence
- Rape and assault by penetration: Crown Court only, maximum life imprisonment. Guideline range for rape: 4 to 19 years' custody.
- Sexual assault: either way, maximum 10 years; guideline range community order to 7 years.
- There is no time limit for bringing these charges.
Anonymity
Once an allegation is made, nothing likely to identify the complainant (such as name, address, school, workplace or picture) may be published in their lifetime (Sexual Offences (Amendment) Act 1992 s.1). A court can lift it only in limited cases (s.3).
Notification and SHPOs
- Rape and assault by penetration always trigger notification. Sexual assault does for adults if the victim was under 18 or they receive imprisonment, a hospital order or a community sentence of at least 12 months; for under-18s only if sentenced to at least 12 months' custody (Sch.3).
- Details must be given to the police within 3 days (s.83).
- Periods (s.82): indefinite for 30 months or more; 10 years for over 6 and under 30 months; 7 years for 6 months or less; 2 years for a caution; 5 years for most other outcomes. Fixed periods are halved for under-18s. Indefinite notification can be reviewed after 15 years (8 for under-18s) (s.91B).
- A sexual harm prevention order can be made if necessary to protect the public from sexual harm; each prohibition or requirement lasts at least 5 years or indefinitely (Sentencing Act 2020 ss.345 to 347).
Changes not yet in force
Crime and Policing Act 2026 ss.118 and 119, not yet in force, add duties to notify a new name in advance and absences from home of over 5 days.
In practice
Cases often turn on consent, reasonable belief and digital evidence. Early advice matters, especially before interview.
Authorities: Sexual Offences Act 2003 ss.1, 2, 3, 74, 75, 76, 82, 83, 91B and Sch.3 paras 17 and 18; Sexual Offences (Amendment) Act 1992 ss.1, 2, 3; Sentencing Act 2020 ss.345, 346, 347; Crime and Policing Act 2026 ss.118, 119 (not yet in force; not commenced by S.I. 2026/689, 2026/939, 2026/960, 2026/1090 or 2026/1158); Sentencing Council, Rape, Assault by penetration and Sexual assault guidelines (effective 1 April 2014)