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Rape, assault by penetration and sexual assault

Updated 2026-11-04 · Checked against sources 2026-11-04 · England & Wales

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

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

Mode of trial and maximum sentence

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

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.

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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)

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