RAPE : SEXUAL ASSAULT : INDECENT ASSAULT

A criminal justice lawyer may define a sexual offence as any criminal offence that is sexual in nature or intention, such as sexual assault, indecent assault, rape, child abuse, and paedophilia. Most of the current law on sexual offences is to be found in the Sexual Offences Act 2003, the Sex offenders Act 1997 and the Sexual Offences Act of 1956 which was mostly consolidated laws drawn up in the 19th century, an era when paedophilia was not recognised, which has necessitated the latest two acts. The Sexual Offences Act 2003 provides tougher sentences for child sex offenders and reform of rape law and complements the Criminal Justice Act 2003, under which serious sex attackers will receive mandatory life sentences - even if they are first-time offenders.

Rape
The definition of rape has been developed over the years and whilst originally consisting of a male having vaginal sexual intercourse with a female by means of force against her will it has been recently widened by the Sexual Offences Act 2003 to include penetration of the mouth or anus by the penis, and covers surgically reconstructed male and female genitalia.

Sexual Assault
There are many definitions however one commonly used version is that a sexual assault is any contact forced on another person by threats of harm or intimidation or coercion with lack of consent. This offence also occurs if someone is pressured or intimidated into sexual contact or is otherwise mentally or physically incapable of consent. The Sexual Offences Act 2003 creates a new offence of sexual assault by penetration which deals with indecent assault involving the insertion of objects other than the penis into the vagina or anus.

Child Abuse
The Sexual Offences Act 2003 has now replaced the crime of incest with a new offence of familial sexual abuse which covers sexual assaults by blood relatives and also foster and adoptive parents and live-in partners. A further offence aimed at those in a position of authority prohibits sexual contact between adults and children under 18 in schools and colleges and residential care, to protect vulnerable young adults.

Paedophilia
The Sexual Offences Act 2003 creates a new offence of adult sexual activity with a child under 16 which covers a wide range of indecent assault. If the child is under 13 and the behaviour involves physical contact or a sexual act, the adult may be charged with rape or sexual assault. The act also creates a new offence of sexual grooming of a child with the intention of abusing them.

If you are being investigated by the police or have been charged with a serious sexual assault you will need the help of an expert criminal justice lawyer to ensure fair treatment. It is in your interests to be represented by a specialist who will give you clear advice on your legal rights. If you would like to talk to an experienced lawyer with no charge just use the help line. If after talking to us you decide not to take matters further you are under no obligation to do so and you will not be charged anything at all.

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