Sexual Assault by Penetration Solicitors

Facing an accusation of sexual assault by penetration is a serious matter, and the stakes couldn’t be higher. Expert legal advice is your first step. Our experienced solicitors provide confidential, compassionate support, helping you navigate the complexities of the legal system and work tirelessly to secure the best possible outcome for your case.

What is sexual assault by penetration?

Sexual assault by penetration is a serious criminal offence under section 2 of the Sexual Offences Act 2003. The offence, also known as assault by penetration, occurs when someone intentionally penetrates another person’s vagina or anus without their consent, and the perpetrator does not have a reasonable belief that the person consents.

Penetration can involve a body part or an object like a bottle. This offence can be committed by anyone, regardless of gender.

To convict someone, the prosecution must prove:

• The act of penetration took place.
• The act was intentional.
• The victim did not consent.
• The accused did not reasonably believe the victim consented.

Sexual assault by penetration is a severe allegation and is classified as an indictable-only offence, meaning the case can only be heard in the Crown Court.

What is the difference between rape and assault by penetration?

Under the law, only a man can be charged with rape, as the act of penetration must involve a penis. Rape occurs when a man intentionally penetrates another person’s vagina, anus, or mouth with his penis without consent.

If there is insufficient evidence to charge for rape, such as when the victim cannot confirm with certainty that non-consenting penetration was by a penis or another object, the charge of sexual assault by penetration may be brought.

Sexual assault alone, however, involves intentionally touching another person for sexual purposes without their consent but does not include penetration of the vagina, anus, or mouth.

What are the sexual assault by penetration sentencing guidelines?

Assault by penetration is a serious offence that can result in a maximum life sentence. However, sentences can vary, ranging from a community order to up to 19 years in prison. The court will consider the defendant’s level of blame (culpability) and the harm caused to the victim when determining the sentence.

Culpability can be increased in cases where the offence was planned; drugs or alcohol were used on the victim; a position of trust was abused (e.g., a carer hurting a patient); or if the crime was driven by commercial motives, like creating pornographic material for sale.

The harm caused by the offence is considered greater if a dangerous object was involved, the violence was particularly severe, or the victim was further degraded or humiliated. 

What defence is there against sexual assault by penetration accusations?

Allegations of sexual assault by penetration require a strong and well-prepared defence. Common legal defences include:

Consent

If the alleged victim provided clear and voluntary consent, which can be supported by evidence such as messages, witness statements, or past interactions, this can serve as strong evidence to support a defence.

Mistaken belief in consent

If the accused had a genuine and reasonable belief that consent was given, this may be a valid legal argument. The court will assess whether this belief was reasonable given the circumstances.

Duress

If the act was committed under duress—meaning the accused was forced or coerced into the situation by threats of harm—this can be a possible defence.

False allegations

False allegations do happen, sometimes due to personal grievances, misunderstandings, or ulterior motives. In these cases, evidence such as digital communications, CCTV footage, and witness testimony can be crucial in proving innocence.

Each case is unique, and a strong legal strategy depends on the specific circumstances. Seeking expert legal advice as soon as possible is essential to building a robust defence.

What should you do if you have been accused of assault by penetration with a child?

If you’ve been accused of assault by penetration with a child, it’s essential to act quickly. Regardless of whether you’re guilty or innocent, getting legal advice straight away is crucial.

• Never contact the complainant or anyone connected to the case.
• Don’t interfere with or destroy any evidence.
• Stay calm, and trust your lawyer’s experience.
• Follow your lawyer’s advice carefully to protect your rights.

These steps will help ensure you’re properly supported through the legal process.

Why choose Lawtons as your sexual assault by penetration solicitors? 

At Lawtons, we understand the immense stress and reputational damage that comes with these allegations. Our specialist team provides:

• Expert legal representation – Decades of experience in defending serious sexual offence cases.
• Discreet and professional support – We handle every case with sensitivity, ensuring your privacy is protected.
• Proven track record – A history of successfully defending clients facing serious allegations.
• 24/7 availability – Immediate legal assistance whenever you need it.

With Lawtons, you are not alone. We are dedicated to protecting your rights and achieving the best possible outcome for your case.

You can rely on our discretion

We recognise the life-changing impact of these allegations. Confidentiality is at the heart of our service, and we handle every case with the utmost care, professionalism, and discretion to safeguard your privacy and reputation.