Sexual Offence Solicitors

Sexual assault is committed where a person intentionally touches another person sexually, without that person’s consent and without reasonably believing that they consent, contrary to section 3.

The maximum sentence for sexual assault is 10 years.

Assault by penetration is committed where a person intentionally penetrates the vagina or anus of another person with a part of their body or with anything else, without consent and without reasonably believing that the other person consents, contrary to section 2.

This offence carries a maximum sentence of life imprisonment.

Rape is committed where a person intentionally penetrates the vagina, anus or mouth of another person with a penis, without that person’s consent and without reasonably believing that they consent, contrary to section 1 of the Sexual Offences Act.

Attempted rape is committed where a person does an act that is more than merely preparatory to the commission of rape, with the intent to commit that offence, and is charged with a sexual offence attempt under the Criminal Attempts Act 1981.

Both offences are among the most serious in criminal law and carry a maximum sentence of life imprisonment.

Where an adult is in a position of trust in relation to a child, sexual activity with that child may amount to an offence under sections 16 to 19. These offences commonly apply to roles such as school teachers, youth workers, coaches and religious instructors, where the statutory definition of a position of trust is satisfied.

Separate offences apply where a care worker engages in sexual activity with a person with a mental disorder who is in their care, under sections 38 to 41, with sections 43 and 44 providing exceptions.

The maximum sentence depends on the specific offence charged.

Intimate image offences cover a range of offences under sections 66A to 66H of the Sexual Offences Act, as amended by later legislation.

Section 66A concerns the sending or giving of a photograph or film of genitals, sometimes referred to as cyberflashing. Section 66B covers the sharing, or threatening to share, an intimate photograph or film without consent, with section 66C setting out exemptions and section 66D providing the statutory interpretation of what amounts to sharing and what is meant by an intimate state.

Further offences under sections 66E and 66F address the creation of, or request for the creation of, purported intimate images of an adult, including manipulated or so-called deepfake content. Section 66G provides further definitions and related provisions, and section 66H deals with the time limit for prosecution.

Depending on the specific offence charged, the case may be dealt with in the Magistrates’ Court or the Crown Court, and some offences carry a maximum sentence of up to 2 years’ imprisonment.

Historic sexual allegations involve claims made months or years after the alleged incident. In England and Wales, there is no general time limit for prosecuting serious sexual offences, so allegations can still be investigated and prosecuted many years later if there is sufficient evidence.

Where the alleged conduct is said to have taken place on or after 1 May 2004, the case will usually be prosecuted under the Sexual Offences Act 2003. Where the alleged conduct is alleged to have taken place before 1 May 2004, earlier legislation, most commonly the Sexual Offences Act 1956, may apply instead.

The offence charged, the legal definitions used and the potential sentence will therefore depend on the date of the alleged conduct and the specific facts of the case.

For example, historic rape allegations can still carry a maximum sentence of life imprisonment.

Offences involving indecent images of children are governed by a number of different statutory provisions, depending on the nature of the alleged conduct. The main offences of taking, making, distributing and showing indecent photographs or pseudo-photographs of children arise under section 1 of the Protection of Children Act 1978 while simple possession is dealt with separately under section 160 of the Criminal Justice Act 1988.

Courts categorise images based on severity:

• Category A: The most serious material, including penetrative activity or sadism.
• Category B: Non-penetrative sexual activity.
• Category C: Other indecent images not falling within Categories A or B.

The offence charged, the type of image involved, and the nature of the alleged conduct will all affect how the case is prosecuted and the sentence available. Possession of an indecent photograph of a child can carry a maximum sentence of 5 years, while more serious offences involving making, distribution or production can carry substantially higher penalties.

Meeting a child following sexual grooming is an offence under section 15 of the Sexual Offences Act 2003. It applies where a person over 18 has met or communicated with a child under 16 on one or more occasions, and then intentionally meets the child with the intention of committing a sexual offence against them.

This offence carries a maximum sentence of 10 years’ imprisonment.

Sexual communication with a child is an offence under section 15A of the Sexual Offences Act 2003. It occurs where a person aged 18 or over intentionally communicates with a child under 16 for the purpose of obtaining sexual gratification.

This offence carries a maximum sentence of 2 years’ imprisonment.

Child sexual offences cover a range of offences under the Sexual Offences Act 2003 involving children under 16, with separate offences providing additional protection for children under 13. These include rape of a child under 13, assault of a child under 13 by penetration, sexual assault of a child under 13, causing or inciting a child under 13 to engage in sexual activity, sexual activity with a child, causing or inciting a child to engage in sexual activity, engaging in sexual activity in the presence of a child, causing a child to watch a sexual act, arranging or facilitating the commission of a child sex offence, and meeting a child following sexual grooming.

Where the alleged offender is under 18, child sex offences committed by children or young persons are dealt with under section 13 of the Sexual Offences Act 2003, not sections 25 to 29. Sections 25 to 29 instead deal with familial child sex offences and the related statutory provisions that apply in that context.

The offence charged, the age of the child, the age of the alleged offender, and the nature of the alleged conduct will all affect how the case is prosecuted and the sentence available. The most serious offences can carry very substantial custodial sentences, including life imprisonment in the most serious cases.

The term Revenge porn, is now largely a historic one in legal terms. Where the alleged conduct took place before 31 January 2024, the relevant offence was usually the disclosure of private sexual photographs and films with intent to cause distress, contrary to section 33 of the Criminal Justice and Courts Act 2015.

Where the alleged conduct is said to have taken place on or after 31 January 2024, that earlier offence was repealed and replaced by newer intimate image offences under sections 66A to 66H of the Sexual Offences Act. Depending on the facts, these offences may cover sending a photograph or film of genitals, sharing or threatening to share an intimate photograph or film without consent, and offences relating to purported intimate images.

The offence charged, and the sentence available, will therefore depend on the date of the alleged conduct and the specific facts of the case. Some of the current offences can carry a maximum sentence of up to 2 years.

Voyeurism is an offence under section 67 of the Sexual Offences Act 2003. It applies where a person observes another person doing a private act, operates equipment with the intention of enabling themselves or another person to observe a private act, or records another person doing a private act, without that person’s consent and knowing that they do not consent, for the purpose of obtaining sexual gratification.

Separate additional voyeurism offences are created by section 67A of the Sexual Offences Act 2003. These include what is commonly known as upskirting, where a person records an image beneath another person’s clothing, without consent or any reasonable belief in consent, so as to observe their genitals, buttocks or underwear, and does so either for the purpose of obtaining sexual gratification or in order to humiliate, alarm or distress that person. Section 68 provides the interpretation and definitions that apply to these offences.

Both voyeurism and upskirting are either-way offences and, in the most serious cases, can carry a maximum sentence of up to 2 years’ imprisonment.

Exposure, sometimes referred to as indecent exposure, is an offence under section 66 of the Sexual Offences Act 2003. It involves a person intentionally exposing their genitals, intending that someone will see them and be caused alarm or distress. This offence often arises in both public and private settings.

The offence carries a maximum sentence of 2 years’ imprisonment. In some cases, a conviction may also result in notification requirements under the Sex Offenders Register, depending on the circumstances.