Indecent assault first offence in the UK – What to expect

Assault of any kind can be a serious offence to find yourself accused of. Add in an indecent or sexual component, and it can take on a whole other light, becoming significantly more serious in the eyes of the law. 

Add in the cultural taboos that surround sexual offences more generally, and it can feel difficult to ask for help, even when you most need it. Here, we take a quick look at indecent assault for a first-time offender in the UK, and what you can expect. 

This article provides preliminary advice only, and should never constitute the entirety of your legal strategy. Whether you’ve been charged already, or believe that you may be charged in the near future, it’s imperative that you seek legal representation at the earliest opportunity available.

 

Indecent assault legal definition

Indecent assault can refer to three related but ultimately distinct offences: sexual assault, assault by penetration, and rape. All of these are typically dealt with using the Sexual Offences Act 2003. 

Sexual assault

Sexual assault is defined under section 3 of the act. The offence is committed if someone intentionally touches another person in a sexual manner, the victim does not consent, and there is no reasonable reason why the defendant should believe that the victim did consent. 

Sexual assault by penetration

Assault by penetration is defined under section 2 of the act. The offence is committed if someone (of any sex or gender) intentionally penetrates either the vagina or anus of another person, without their consent.

Rape

Rape is defined under section 1 of the act. The offence is committed if someone with a penis intentionally penetrates the vagina, anus or mouth of another person with their penis, and the victim does not consent. 

It’s important to note that if the penetration takes place with anything other than a penis, including fingers and any other objects, then it would be considered an assault by penetration, not rape. 

 

Ceasing contact with the victim

In a lot of indecent assault cases, there is a good chance that the defendant will know the victim. There can be a strong urge to reach out to the victim and try to work things out outside of the courts, but this is never a good idea to do without a lawyer.

If things have escalated to the police, it’s unlikely that you’ll be able to enter into a stable conversation about the event. It’s far more likely that your actions and words will be used by the prosecution, potentially resulting in a stronger case being brought forward against you.

Should you believe that it could genuinely be a good idea to contact the victim, you should always do so via your solicitor. They will be able to use the appropriate language and form of contact, and advise you on whether that contact is actually a good idea.

 

Sentencing for indecent assault

The sentence you might receive, should you be found guilty of indecent assault, will depend on the exact kind of offence you are charged with. 

Sexual assault

According to the sentencing guidelines, those found guilty of sexual assault under section 3 of the Sexual Offences Act 2003 can face a maximum sentence of 10 years in prison, with an offence range of between a community order and 7 years in prison.

Sexual assault by penetration

Sexual assault by penetration is considered to be quite a lot more serious than sexual assault. This is evident in the sentencing guidelines, which state that someone found guilty under section 2 of the Sexual Offences Act 2003 can face a sentence of up to life imprisonment. 

There is a massive range in sentencing for this offence, between a community order and 19 years in prison. As a first time offender, it’s possible that you would face a sentence towards the lower end of that range; however, it would ultimately depend on the details of your specific case.

Rape

Rape is arguably the most serious sexual offence, which is illustrated in the sentencing guidelines. If you’re found guilty under section 1 of the Sexual Offences Act 2003, you can face up to life imprisonment. 

There is also less leniency in terms of the minimum sentence you will typically receive, with an offence range of between 4 and 19 years in prison. 

 

Mitigating and aggravating factors

Cases that involve abduction, violence or the threat of violence, the forced entry of someone’s house or physical/psychological harm will likely face more serious sentencing. 

Additionally, if the offence involved the use of drugs in order to facilitate it, was the result of significant planning, or was motivated by or demonstrated hostility towards the victim’s sexual orientation, race, religion or transgender identity, the sentence will likely be higher. 

If no aggravating factors in terms of either culpability or harm are present, then it is possible that the court will decide that a more lenient sentence is suitable. This is perhaps especially likely if it is a first offence, but again, this will depend on the severity of the case and on a range of other case-specific variables. 

The various offences that fall under the bracket of indecent assault can be very stressful to deal with. It’s imperative that you seek the right kind of legal assistance as soon as reasonably possible, so that you can limit any damage going forward and get to working on a suitable legal defence.