s.3 - Sexual Offences Act 2003
Sexual Assault
A person commits an offence if he intentionally sexually touches another person without their consent, and he does not reasonably believe they consent
Touching
Includes touching -
(a) with any part of the body, (b) with anything else, (c) through anything, and in particular includes touching amounting to penetration
Statuary presumptions
Statuary presumptions - Evidential and conclusive
Reasonable belief, and consent are the same as Section 1 Rape.
s.4 Sexual Offences Act 2003
Causing:
It is an offence for a person to intentionally cause another person to engage in sexual activity without that person's consent, if they do not reasonably believe that the other person consents.
Examples of causing a person to engage in sexual activity without consent
An individual may cause another person to engage in sexual activity with them, for example, a woman compels a man who does not consent to penetrate her.
An individual could force another person to carry out a sexual act on themselves, for example, where an abuser forces their victim to masturbate.
An individual forces another person to engage in sexual activity with a third party, whether that third party is a willing participant or another victim, for example, a man forces a woman to give oral sex to a fellow abuser.
Outraging public decency
It is an offence under Common Law to:
commit an act of a lewd, obscene or disgusting nature and outrage public decency
Lewd means lustful or indecent.
Obscene means morally repugnant.
Disgusting means repugnant or loathsome.
The act can be committed by both men and women and must be committed where it might be seen by the public of two or more people.
Outrage the exposure of naked body parts must go beyond acceptable limits of decency and be likely to substantially offend a reasonable person.
However is does not need to be a sexual act, nor does it need to be a 'live' activity , it might be a public display of an object associated with sexual activity. However, in the context of exposure, the offence can be committed by exposing the penis, the whole body, or engaging in real or simulated sexual acts.
'Public' is given a wide meaning and held to be where members of the public go whether they have a right or not.
There is no need to prove the public who witnessed the act were disgusted or outraged by it, it only matters that a reasonable person would be disgusted by it. (this includes a constable)
Police officers are classed as members of the public for the purpose of this offence.
s.63 Sexual Offences Act 2003
Trespass with intent
A person commits an offence of trespass with
intent to commit a sexual offence if:
they are a trespasser on any premises
they intend to commit a relevant sexual offence on the premises, and
they know that, or are reckless as to whether, they are a trespasser.
An offence applies under Section 63 of the Act regardless of whether or not the sexual offence is actually committed.
The intent is likely to be inferred from what the defendant says or does to the intended victim (if there is one), or from items in their possession at the time they commit the trespass.
A separate offence is needed to cover trespass because trespass is a civil dispute and not a criminal offence.
Example of Trespass with Intent to Commit a Sexual Offence
Michael goes into Sarah's garden without her consent. He has in his possession condoms, lubricating jelly and pornographic materials. Michael intends to commit a sexual offence against Sarah on her premises.
This is an offence under Section 63 of the Sexual Offence Act because Michael has trespassed with the intention to commit a sexual offence whilst he is on Sarah's premises. Michael knows he is trespassing. A person is a trespasser if he is on any premises without the owner or occupier's consent, or other lawful excuse.
s.66 - Sexual Offences Act 2003
Exposure
A person commits an offence of exposure if:
- they intentionally expose their genitals and
- they intend that someone will see them and be caused alarm or distress
s.67 - Sexual Offences Act 2003
Voyeurism
A person commits an offence if:
for the purpose of obtaining sexual gratification, they observe another person doing a private act, and
they know that the other person does not
consent to being observed for their sexual
gratification.