Sexual Assault

The legal definition of sexual assault in England and Wales is when someone intentionally touches another person in a sexual manner, without that person’s consent.

The Sexual Offences Act 2003 says that someone commits sexual assault if all of the following happens:

• They intentionally touch another person
  
  
• The touching is sexual
  
  
• The other person does not consent to the touching
  
  
• They do not reasonably believe that the other person consents
  
  
• The touching can be with any part of the body or with anything else.

It could include:

• Kissing
  
  
• Attempted rape
  
  
• Touching someone’s breasts or genitals – including through clothing
  
  
• Touching any other part of the body for sexual pleasure or in a sexual manner – for example, stroking someone’s thigh or rubbing their back
  
  
• Pressing up against another person for sexual pleasure
  
  
• Pressuring, manipulating or scaring someone into performing a sexual act on the perpetrator
  
  
• Touching someone’s clothing if done for sexual pleasure or in a sexual manner – for example, lifting up someone’s skirt.

However, please know that this is not a full list. Just because something isn’t included here doesn’t mean it isn’t sexual assault.

Causing a person to engage in sexual activity without consent

In English and Welsh law, it is also a crime to intentionally ‘cause’ another person to engage in sexual activity without their consent.

This could include:

• Making someone masturbate or touch themselves sexually
  
  
• Making someone sexually touch or take part in sexual activity with another person – with or without that other person’s consent.
  
  
• Making someone be sexually touched by another person or having another person carry out sexual activity with them – whether the other person is consenting or not.

As you can see, the person committing the crime of ‘causing a person to engage in sexual activity without consent’ here is not touching the victim or victims themselves. But, it is a very serious offence that can carry the same sentence as rape and assault by penetration.

The tactics a perpetrator could use to ‘cause’ someone to engage in sexual activity without their consent include physical force, manipulation and threats.

Indecent assault

Sometimes, people use the term ‘indecent assault’ instead of sexual assault.

Before the Sexual Offences Act 2003 came into force in 2004, indecent assault was the legal term used for what is now sexual assault. You might still hear people using the term ‘indecent assault’ when they mean sexual assault.

Sexual assault can be committed by a stranger or someone that the victim or survivor knows.

This could be:

• a partner
• an ex-partner
• someone they were dating
• someone they used to date
• an acquaintance (someone they only know a little bit)
• a friend
• a colleague
• a family member

It can be carried out by a person of any gender against another person of any gender.

It’s a really common myth about sexual assault, rape and other kinds of sexual violence and abuse that they have to involve physical force or leave the person with visible injuries. But that isn’t true.

There are many other ‘tactics’ that someone might use to sexually assault someone. For example:

• pressure
• manipulation
• bullying
• intimidation
• threats
• deception
• drugs or alcohol

BUT, none of these have to have happened for it to still be sexual assault.

Many people find themselves unable to speak or move when faced with a scary, shocking or dangerous situation. If that happened, it does not mean the person gave their consent.

And if there’s no consent then it is always sexual assault.

Everyone responds differently to sexual assault – so whatever someone feels is a valid response. But, for lots of people, it can have a long-lasting impact on their feelings and wellbeing.

If you have experienced sexual assault and abuse of any kind – whether it was recently or a long time ago – HERSANA is here for you. We will listen to you, believe you and create a safe space for you.

We know that it can be hard to approach the topic of abuse with a friend, colleague or family member. It’s important to remember that they may not want to speak to you, or may even react badly to you trying to discuss the situation with them. They also may not recognise what they’re going through or went through as abuse, even if you are sure it is. They may try to play it down or they could defend their partner’s actions. All of these reactions are common from victims and survivors of abuse, so whatever you do, make sure to accept your friend, family member or colleague’s reaction and don’t pressure them into talking. Although you may be tempted to try and encourage them to speak or seek professional support, you may have to accept that they are not ready for that step.

If they are ready to talk and confide in you, it’s a good idea to be able to signpost to organisations that can offer professional support as well as offering a listening ear yourself, if you can.

For Black femmes experiencing any form of sexual abuse, including sexual assault, we can offer free and confidential help and advice.