Sexual Offences Act 2003 Section 3

[Rights Fighter]

Sexual Offences Act 2003 Section 3 - for those who need clarification relating to Sexual Assault


http://www.legislation.gov.uk/ukpga/...c_location=ufi

(1)A person (A) commits an offence if—

(a)he intentionally touches another person
(b)the touching is sexual,
(c)B does not consent to the touching, and
(d)A does not reasonably believe that B consents.


(2)Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.


(3)Sections 75 and 76 apply to an offence under this section.


(4)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years.

[vvnn8]

Hi Rf.

Steps are very important i think when alcohol is involved right?
What about if the is non intentionally penetration because of the circumstances? How they usually react?

[Rights Fighter]

Accidents happen of course. However that would be one for the jury once they have decided (or if they decide) that the whole thing was consensual, and of course an accident is not about consent in any event.

[vvnn8]

Thanks very much to reply RF.

I deeply appreciate the support.
In my friend case, she said was "vomiting" during sexual intercourse. What it is a very strong accusation.

I have a question that I think may be interesting.

His indictment says that after inviting my friend to her flat, to her room and make foreplay then said begins to feel bad and start to vomit while defendant takes advantage of the situation. What is quite surprising self-accusation and more common of a sick person and not a medical student person.

Therefore she can´t say she was unconscious, because she was not and she specify details. So, how CPS would try to convince jury if the can´t prove vomiting and witnesses say the noise in the room was completely normal and no one asks for help?

What really happened is that she removed the consent after the accident

Thanks xx