Being accused of sexual assault is extremely serious and can have immediate and long-term consequences for your freedom, reputation, and personal life.
If you are facing sexual assault allegations, it is important to understand what the allegation means, what may happen next, and how to protect your legal position from the outset.
This page explains the legal definition of sexual assault, the investigation process, potential penalties, and the steps you should take if you have been accused.
If you are looking for specialist legal representation, see our sexual assault defence solicitors page.
What Is Sexual Assault?
Sexual assault is a criminal offence under the Sexual Offences Act 2003.
A person may be guilty of sexual assault if:
- they intentionally touch another person
- the touching is sexual
- the other person does not consent to the touching
- and the accused does not reasonably believe that consent was given
Sexual assault does not require penetration and can be committed by a person of any gender.
What Happens If You Are Accused Of Sexual Assault?
If an allegation of sexual assault is made, the police may begin an investigation. This can include:
- arrest or voluntary attendance at a police station
- interview under caution
- release under investigation or bail conditions
- seizure of digital devices or other evidence
If you are arrested or interviewed, the police must explain the allegation and caution you.
You do not have to answer questions without a solicitor present, and it is usually advisable not to do so without legal advice.
Many individuals receive legal guidance before attending a police station.
This allows time to understand the allegation, provide instructions, and receive advice outside the pressure of the interview environment.
Which Court Hears Sexual Assault Cases?
Sexual assault is a triable either way offence. This means it can be heard in either:
- the Magistrates’ Court, or
- the Crown Court
The court in which the case is heard will depend on the seriousness of the allegation and the circumstances of the case.
What Is The Sentence For Sexual Assault?
The sentence for sexual assault depends on the severity of the offence and the court dealing with the case.
Magistrates’ Court
For less serious allegations, the maximum sentence is:
- six months’ imprisonment for a single offence
- up to 12 months’ imprisonment for multiple offences
Crown Court
More serious cases are dealt with in the Crown Court, where the maximum sentence for sexual assault is:
- 10 years’ imprisonment
A conviction may also result in mandatory registration on the Sex Offenders Register and the imposition of additional orders, such as Sexual Harm Prevention Orders.
Defending Sexual Assault Allegations
The defence available will depend on the nature of the allegation and the evidence involved.
In some cases, it may be possible to show that:
- no sexual activity took place
- the complainant consented
- there was a reasonable belief in consent
- the alleged contact was not sexual
- the allegation is mistaken or false
Sexual assault allegations often involve complex factual disputes and issues of credibility.
Many cases also involve false or exaggerated allegations.
If you believe the allegation against you is false, you may find further practical guidance here.
What Should You Do If You Are Accused Of Sexual Assault?
If you have been accused of sexual assault, you should:
- avoid contacting the complainant
- avoid discussing the allegation with anyone except your solicitor
- seek legal advice as early as possible
Early advice can be critical in protecting your rights and preventing mistakes that may affect the outcome of the case.
If you would like to speak to our expert legal team about this, or any related subject then please contact our team by phone on 0207 936 6329, Email or by completing our Quick Contact Form below.
Please note that we are unable to offer free legal advice. Our client services team are here to take your case details and explain any costs involved