What is Sexual Assault?
Sexual Assault, as defined by the Sexual Offences Act 2003, involves a physical, psychological, or emotional violation through a sexual act without the victim’s consent. This complex area of law requires expert legal advice due to intricate consent laws and evidence rules. Sexual Assault can include actions such as inappropriate touching, kissing, or forcing someone to witness or participate in sexual acts. Even minimal physical contact can be considered Sexual Assault if consent is absent.
To prove Sexual Assault, it must be shown that the act was both intentional and sexual. The nature of the act and the context in which it occurred are crucial, and these factors are determined by a jury.
Sentencing Guidelines for Sexual Assault
Sentences for Sexual Assault vary, with a maximum of 10 years for rape and typical sentences ranging from a Community Order to 7 years in prison. The sentence length depends on several factors:
- Severity of psychological or physical harm
- Touching of naked genitalia or breasts
- Vulnerability of the victim
- Use of violence or threats
- Forced entry into a home
Conviction for a sexual offence requires registration on the Sexual Offenders Register, with durations ranging from 2 years to life. Registrants must notify the police of:
- All foreign travel
- Living or staying with anyone under 18 for 12 hours or more
- Certain credit card and bank account details
Regular police station visits are required for compliance checks. Failing to notify the police of changes is a criminal offence.
What Should You Do If You’ve Been Charged with Sexual Assault?
If you or a family member are accused of Sexual Assault, seeking immediate legal advice is crucial. Ensuring you get the best possible advice and providing detailed facts about your case can significantly impact the outcome. At Fahrenheit Law, our experienced defence solicitors and advocates are committed to offering expert advice and representation, from the police station to the courtroom.
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