What UK Sexual Offences Act 2003 Section 2 - Assault by Penetration requires
Section 2 of the Sexual Offences Act 2003 makes it an offence intentionally to penetrate the vagina or anus of another person (B) with a part of one's body or anything else, where the penetration is sexual, B does not consent, and one does not reasonably believe B consents. Section 2 captures non-penile penetration (digital, object, body part other than penis) as a distinct serious offence - the parallel to Section 1 rape (penile penetration). Penalty: life imprisonment on indictment. Sections 75 (evidential presumptions about consent) and 76 (conclusive presumptions where deception about nature or impersonation) apply. Section 2 is one of the most serious sexual offences in the SOA 2003 framework.
Pillar: Adult Industry & Sexual Content Compliance · Authority: Parliament of the United Kingdom · Version: 1.0.0 · Last updated:
Primary source: https://www.legislation.gov.uk/ukpga/2003/42/section/2
SHA-256 integrity: 56a3240a4da907fc0b3e6dba99effbe55a6254719a664ee6c16e5d405762fed4
Primary Citations — 10 traced to source
- Sexual Offences Act 2003 (c. 42) Section 2 (Assault by penetration) subsection (1): 'A person (A) commits an offence if (a) he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else, (b) the penetration is sexual, (c) B does not consent to the penetration, and (d) A does not reasonably believe that B consents.' (legislation.gov.uk/ukpga/2003/42/section/2)
- Sexual Offences Act 2003 Section 2(2): whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
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