Sexual Offences Act 2003, s 3(1)

Sexual assault by touching a person aged 13 or over

The statutory wording, points to prove, defences and penalty — verified against legislation.gov.uk (current revised versions, July 2026).

What the law says

A person (A) commits an offence if—(a) he intentionally touches another person (B), (b) the touching is sexual, (c) B does not consent to the touching, and (d) A does not reasonably believe that B consents.

CJS codes
Official CJS offence index (March 2026)
—Charged under the specific underlying offence code.

Points to prove

  • 1. intentionally touched
  • 2. another person aged 13 or over
  • 3. that touching was sexual
  • 4. other person did not consent
  • 5. not reasonably believing that they were consenting

Defences

  • It will normally be apparent that the defendant intentionally touched the victim (because of the part of the body touched or used or because of accompanying circumstances) but there will still be far more room for a defence of lack of intent than in penetration offences.
  • Sections 75 and 76 apply—see 6.1.1 'Defences' for further details.

Mode of trial & maximum penalty

Either way — Summary: 6/12 months' imprisonment and/or a fine; Indictment: 10 years' imprisonment

Reference only — verify against current legislation and force policy before charge. Spotted an error? Tell us.

Sources

  • Verified dataset — legislation.gov.uk (current revised versions)

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