A Guide to Assault by Penetration Offences in the UK

When you are accused of assault by penetration, it can feel like the whole world is against you. You may be wondering what happens next in any potential criminal process and what your options are for securing your defence. This guide will provide an overview of assault by penetration offences in the UK and will answer some of the most common questions that lawyers get asked about this crime, including topics like defences and sentencing. It is important to remember that each case is unique, and you should speak to a qualified criminal defence solicitor with expertise in assault by penetration cases if you have specific questions about your own situation.

What is the offence of assault by penetration in the UK?

Section 2 of the Sexual Offences Act 2003 sets out the criminal offence of assault by penetration.

This offence involves the penetration of the vagina or the anus, with a body part, or another object. Note that it does not include penetration of the vagina or the anus with the penis, as this would be dealt with under the separate, and more serious, offence of rape.

For the offence of assault by penetration to be proven by the prosecution, the following must be present:

1. The defendant must have penetrated the vagina or anus of the victim;
2. The penetration must have been with their finger or another object;
3. The penetration must have been sexual in nature;
4. The victim must not have consented to the penetration;
5. The defendant must not have reasonably believed that the victim consented.

Note that the requirement that the penetration be sexual in nature means that doctors, prison officers, and other professionals who may need to perform the above as a legitimate part of their jobs (for example, during gynaecological treatment) are excluded from the scope of this crime.

What does ‘consent’ mean for assault by penetration cases?

Consent is an agreement to partake in an activity by choice, where the person has both the liberty and psychological capability to make said decision. For consent during sexual acts to be valid, the parties involved must understand what is happening around them so they can provide informed consent. This means that if a person is intoxicated or under the influence of drugs, they may not have the ability to give proper consent anymore.

What is the age of consent for assault by penetration cases?

The legal age for sexual activity in England and Wales is 16 years old, regardless of gender or sexual orientation. If the victim is younger than 16, then under English law they are not capable of consenting to the act, even if they do actually understand what is going on and agree to the penetration. If the victim was under the age of 13 years old at time of incident, a separate and more serious offence applies: assault of a child under 13 by penetration.

What is the sentence for assault by penetration in the UK?

Assault by penetration is a grave offence that carries a maximum sentence of life in prison. However, sentencing can range from a community order to 19 years in custody. When making their decision, the court will consider how blameworthy the defendant is and how much harm was caused to the victim.

To assess blameworthiness, the court looks at whether:

• there was any planning or pre-meditation involved in the offence
• any alcohol or drugs were used on the victim to induce ‘consent’
• a position of trust was abused by the defendant
• there was a history of violence against the victim
• there was any racial or religious motivation for the offence
• there was hostility towards the victim due to their gender or sexual orientation
• there was any financial or commercial motivation behind the offence

To assess the harm inflicted, the court looks at whether:

• there was a large or dangerous object used in the penetration
• the victim’s home was breached
• the offence was prolonged or sustained over a period of time
• there was a level of violence exhibited that is excessive to the commission of the offence itself
• the victim was abducted
• any additional degradation or humiliation of the victim took place (for example, live streaming the commission of the offence to a gang)
• the victim was particularly vulnerable for any reason (for example, has a physical disability and could not defend themselves or prevent the assault)

Other factors may also be considered in assessing blameworthiness and harm. The full sentencing guidelines for the offence of assault by penetration can be found here.

Can you get community service for an assault by penetration case?

Note that where the court believes there is a realistic prospect of the offender being rehabilitated, a community order may be imposed under part 3 of Schedule 9 of the Sentencing Code. This is only likely to be applied where the offender would otherwise be given a short or moderate length custodial sentence – it will not apply in the most serious of cases, which warrant longer custodial sentences.

Will a judge be lenient in an assault by penetration case?

There is a chance that a judge would be lenient in an assault by penetration case, but they must still operate within the relevant sentencing guidelines.

Typically, a judge will look at several factors when deciding whether to mitigate a sentence (i.e. give a lower sentence than the one the sentencing guidelines states the offender should receive).

• a lack of previous or recent convictions
• remorse for the crime
• good character generally and/or exemplary past conduct
• youthfulness or old age resulting in a lack of maturity
• mental disorder or learning disability, especially if it can be linked to why the offence was committed
• physical disability or serious medical condition that requires urgent, long-term, or intensive treatment

Are there any defences available for assault by penetration offences?

As with any crime, there are a number of general defences available to those charged with assault by penetration. These include:

• insanity or lack of capacity
• self defence (though this would be difficult to argue in an assault by penetration case)
• duress (where someone forced the offender to commit the offence)
• involuntary intoxication
• mistake (where you would not have committed the offence if you knew the true circumstances)
• public interest immunity (such as in cases involving national security)

It is most common, however, for defendants to argue the defence of consent in assault by penetration cases. In other words, defendants argue that the alleged victim did actually consent to the penetration. To be successful with this defence, the defendant’s legal team must be able to prove that:

• the defendant reasonably believed that the defendant was over the age of 16 and thus could consent (if the victim used a false identification card to show an older age, for example)
• the alleged victim was not so heavily intoxicated or under the influence of drugs such that they could not validly consent to the penetration
• other reasonable people would also believe that the victim consented, given the alleged victim’s body language, behaviour, and so on

Another potential defence is that the penetration was not sexual in nature, or not sexual motivated. Those who raise this defence are likely to be doctors or police officers who might have received complaints about actions carried out as part of their day-to-day work. These types of cases typically involve lengthy investigations and reviews from internal offices or ombudsmen (such as the Independent Office for Police Conduct, in the case of law enforcement) to ensure abuses are not systemic.

Do you go on the sex offenders register for an assault by penetration conviction?

Those who are convicted of a sexual offence in England and Wales generally are subject to notification requirements. In other words, they generally will get put on the Sexual Offenders Register (SOR).

Being on the register has serious implications for your day-to-day life. These include having to notify the police within three days if you file to change your name or address, change your bank account, or if you will travel abroad.

You will also likely be prohibited from living in certain areas (for example, within a set radius of a school) and will not be able to engage in employment relating to vulnerable people (care homes, schools, nurseries, and so on).

Where to get more help with assault by penetration offences?

If you or someone you care about is facing a charge of assault by penetration, or if the criminal prosecution process has already begun, reach out to the experts at Stuart Miller Solicitors today. Our team has decades worth of experience defending sexual offences cases, including assault by penetration offences, and – if the facts support it – we may even be able to get the case dropped before it goes to trial. Contact us today for a free, no obligation, and non-judgmental consultation.

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13:15 27 Nov 24

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15:49 12 Nov 24

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I actually spoke to one of the solicitors via TikTok when I came across a video they had posted - they were quick to respond and listen to my Case and offer me advice I feel they gave me some piece of mind and will definitely be keeping in touch

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Amazing lawyer firm. After being represented by Amirah K. we were able to have our case dropped within 5 months when original estimates had been 2 years!! Most firms said they would do nothing and that we should just do legal aid. Stuart Miller said “No” and instead seeked to represent us, they chased the OIC and went far and beyond.If you need a lawyer, don’t waste time on these other smaller firms that promise nothing but scary maybes and demand thousands in return. Go with Stuart Miller, it’ll be the best decision you ever made.

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13:32 16 May 24

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I really appreciate Mr Mohammed Zeb for his support, advice and his strong defence in my case. He’s a great solicitor and I’ll definitely be requesting him if ever need be in the future.

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09:45 14 May 24

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23:16 24 Apr 24

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20:24 06 Mar 24

We had an issue with the police raising an incorrect safeguarding issue against our daughter because we used a Complementary Alternative Medicine (CAM) which they disagreed with (wet cupping therapy). The police wanted us to sign a community resolution order admitting that we assaulted our child! We spoke to Mohammed Zeb who swiftly acted to contact experts in our field and his field, along with experts in social services matters and gave us recommendations to challenge the police. Their weak case quickly dissolved into no further action when the police realised that we would not accept a resolution order claiming we assaulted our child.I would strongly recommend Mr Zeb to all and would use nobody but them in the future.

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15:37 16 Feb 24

Stuart Miller Solicitors are the best !I been searching online for legal aid solicitors, and I find them!Easy with all documents required, and easy with my case too!They been so helpful to me and they give me a positive vibe every single time we meet up for my case !They are amazing and I definitely recommend them 100 % !Thank you so much to both of solicitors who get my case and god bless them forever !

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10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

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15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

Hassan Ali

20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

Clare Peters

20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

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12:36 22 Jan 24

Many people promise to deliver some just talk nonsense on social media platformsThe truth is that your defence team must be on the same level as your thought if you have any chance of winningMy case was difficult complex and very seriousI thank you all at Stuart miller : Mohammed Zeb and Peter had it not been for your care knowledge support I would not be here todayThank you from my family and I

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22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

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23:14 19 Jan 24

Kiran was amazing with my case, made me feel at ease from the start, was very helpful and professional in resolving matters as quickly as possible. Would highly recommend

Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

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19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

Victoria Poku

20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

Maryam Khan

19:54 19 Dec 23

Great service, very professional, highly recommend!!

J Rowe

21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

Maria Missii

11:13 06 Dec 23

Very confidential, professional manner thank you Tasnuva for your help.

asfandyar mahmood

17:49 01 Dec 23

OOPPPS THEY DID IT AGAINTHANKS TEAMESPECIALLY TO NAIMAIF IT WASNT FOR YOUR HARD WORK I WOULDNT BE HERE

Gent Entz

09:45 01 Dec 23

I just like to say a very big thank to Stuart Miller and the team but most especially Victoria, Mohammed Zebb, Kiran and the Receptionist for all their hard effort and now I'm on my way forward with getting on with my own life; Thank you so much StuartMiller and team. I've been with you people since 2012/2013 (roughly 7 years) I'll never forget them in my future career. stuartMiller are extremely kind and respectful. To all you solicitors aswell I wish you all best.Thank you.All the best.

Gabriel Chirwa

15:51 28 Nov 23

When I called for help, straight away, they pick up the call. Spoken to me with respect and followed up with an email of instructions, which is a massive relief.

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05:40 27 Nov 23

Kiran was very supportive to my family throughout our case and was easy to talk to. I was very pleased with the outcome and would recommend them to anyone.

MB London

20:03 23 Nov 23

Kiran was 100% helpful with my case and listened to me and advice me accordingly.I’m really happy with the outcome and I recommend their services to any one who’s looking for a good service and someone that can listen to you and help you with your case. Thank you so much Kiran and the whole team. Excellent job!

Imran

10:48 23 Nov 23

I would like to thank the team at Stuart Miller for helping me with my case, especially Kate andTasnuva, they both were dealing with my case and helped be through it and i am very happy with the outcome. also there price for fighting on my behalf was reasonable compared to another company who were charging extortion money for first consulation.

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21:28 18 Nov 23

Very helpful. Helped me understand, replied back very quickly.

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03:12 15 Nov 23

Their friendly and understanding demeanor was truly appreciated. I am incredibly thankful to Miller's and their appointed court solicitors for their excellent support.

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14:50 14 Nov 23

Fantastic solicitors. Would highly recommend them. All staff are amazing

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06:12 31 Oct 23

Stuart Miller Solicitors are nothing short of miracle workers! When faced with serious charges, I felt lost and overwhelmed. But from day one, they assured me and proved their dedication by being accessible 24/7. They managed to get me out of troubles and gave me a second chance in life.

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22:54 28 Oct 23

Another one *DJ Khaled voice* Mohammed Zeb thats Big Bro buss another case as usual thank you and it’s always love. Different League Different Class Mike Tyson in the court room. No one try tell me about these fake internet tik tok lawyers in saggy suits using chat gpt to create defences don’t make me catch another case please. Trust Zeb be patient show love and respect and youll be alright. You get arrested go cell request 2 blankets and a fresh grey jumper and tell the Sarge call Stuart Millers then just go sleep real simple.

Sian Evans

20:51 25 Oct 23

Thank you Holly for representing me at the police station. You are a credit to Stuart Miller. Very professional and a lovely person. I can’t thank you enough. I would highly recommend you. ❤️

Kit Jenkins

06:11 19 Oct 23

If you need a criminal defence solicitor that delivers results, contact Mr Zeb. He s the best in his field. From the moment I walked into Stuart Miller Solicitor's office, I knew I was in good hands. His unmatched expertise and personalized approach ensured that my charges dropped before the hustle of reaching out to court, and I couldn't be happier with the outcome. Stuart Miller Solicitors are very good but Mr Zeb is the best. I highly recommend him and the firm to anyone facing legal challenges

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18:59 17 Oct 23

Incredible legal team! I couldn't have asked for better representation during the most challenging period of my life. They're genuine care made all the difference in my case.

MadDog Lambo

13:11 17 Oct 23

Called Stuart Miller for advice. Bobbi was more than happy to advise me and answer all questions. When i had further questions, Mohammed personally called me to answer them in full. I can not recommend Stuart Miller highly enough and they went above and beyond, in taking the time to make sure all was taken care of and all questions answered.

Ambreen Farooq

20:06 12 Oct 23

I spoke with Mr. Kibla regarding a query I had and he was so helpful and informative. Will definitely be using their services if ever needed.

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10:26 11 Oct 23

Thank you team stuart millerI was on a suspended sentence and i breachedA brilliant director from the firm saved me

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14:13 04 Oct 23

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12:42 04 Oct 23

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12:17 04 Oct 23

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XSimplyChxrryX

13:04 21 Sep 23

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Hannah Brooks

12:48 07 Sep 23

Unfortunately got myself in a situation where I needed legal representation. My solicitor was great, but attention needs to be drawn especially to Amirah. She well and truly went over and beyond what most people would do, to help me resolve the situation. Nothing was ever too much, in fact it was her who pushed things further than I'd have even asked her to, she really does care about not just her occupation, but the people she helps. Cannot say enough good things about her... not just good legal representation, but an actual lovely person who genuinely cares, and you don't get that very often anymore. So, thank you to Stuart Miller Solicitors in Wood Green, but definitely, more importantly, to Amirah.

Angela M

20:11 05 Sep 23

I would like to say a big thank you to Savannah Loizides. My elderly mother recently required legal assistance for a police interview as part of an investigation.Savannah was professional, caring and supportive. In the days and weeks following the police interview, Savannah has been helpful and informative answering my questions promptly.I would recommend Stuart Miller Solicitors and would not hesitate to contact them again if the need arises.

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14:38 12 Aug 23

My husband was represented by an solicitor who frequently appears on Tik TokWe had very minimal advice the service was shambolicWe had been referred to the director who saw us asap and understood the life changing dilemma he facedWe had proper legal advice and the eventual result was that my husband was found not guiltyI say this to the nation just get an appointment and speak to the teamSome of the people you see on social media are not worth itGuys this is your life . YOU HAVE ONE CHANCE GET THE TEAM AT STUART MILLERAll I can say is you will not be disappointed

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22:48 11 Aug 23

Gave some advice about the situation told me what to expect and if I need to instruct they will be happy to help

Lou D

14:30 09 Aug 23

My husband an I are extremely grateful for Abu Kibla and his amazing support representing my husband under such time consuming circumstances. He was very helpful and made us feel at ease right away.We left pleasantly satisfied and would definitely recommend Abu Kibla to anyone needing representation.Thank you

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11:46 02 Aug 23

Abu Kibla represented me for my second drink driving offence, and not only that I had no license or insurance. Perhaps I am exposing myself saying that but you need the context as Kibla managed to get my ban reduced from 3 years to 2.5, and only a 200 pound fine. Aside from being very professional at what he does, he's also a good guy, who has your back. He explained my situation to the judge in a clear way I wouldn't have been able to. Don't hesitate!

R M

20:05 01 Aug 23

I would like to thank everyone at Stuart miller especially to Kibla for their excellent work. At a time when things were very hard for me they helped me win my case. I hoped for total support from Stuart Miller when I instructed them, I got so much more. I would highly recommend Stuart Miller to anyone seeking for a reliable legal team. Many thanks again for everything, you were brilliant.

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08:21 29 Jul 23

Spoke to a director at 8 amIf I could give 10 stars I wouldAll my anxiety finishedThanks 👦

Karima AMRAOUI

13:37 28 Jul 23

Fantastic firm excellent lawyersBrilliant advocates overall THE GO TO FIRM

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