What is considered a serious sexual assault

Deborah C. Escalante

    In June 2009 the Department of Health National Support Team – ‘Response to Sexual Violence’, carried out a planned review of the policies and procedures implemented around the investigation and prosecution of Rape and Serious Sexual Assault .

    Improve the service offered to victims of Rape and Serious Sexual Assault (RASSO) 108.

    Good Practice Guide Cold Case Reviews of Rape and Serious Sexual Assault by the Police Standards Unit (2005).

    Domestic Violence – Repeat referrals to the MARAC had fallen to 23.7% below the 27% target although seasonal fluctuations were expected.Rape & Serious Sexual Assault – Offences of Rapes and Serious Sexual Assaults brought to Justice (OBTJ) had increased to 56.9% from 31.6% in 2010/11.

    Group also Green • SafeguardingSafeguard thoseChair has links to Multi agency groups regarding • Bringing Offenders to Justicechildren at risk of Rape and Serious Sexual Assault • Public Confidence.CSE, reduce risk andkeep children and (Aquamarine) and Prostitution (Azure) This Action Plan is reflective of the Pan Green young people safe.

    A weekly conference call is held with the CPS Rape and Serious Sexual Assault team to allow timely identification of issues on either side.

    The national College of Policing has developed a Serious Sexual Assault Investigator’s Development Programme which is in use by other forces.The Metropolitan Police Service has not adopted this programme.

    A Serious Sexual Assault is non-consensual oral, vaginal, or anal penetration or attempted non- consensual oral, vaginal or anal penetration.

    Whilst designated as non- complex, many of these cases, in particularly those handled by CPS Rape and Serious Sexual Assault Units (RASSO), carry significant reputational risk and include the type of work highlighted in two of the 2015 Court of Appeal judgments.

  • Sexual assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.

  • Serious assault means an act that constitutes a felony violation of chapter XI of the Michigan penal code, 1931 PA 328, MCL 750.81 to 750.90h, or that constitutes an assault and infliction of serious or aggravated injury under section 81a of the Michigan penal code, 1931 PA 328, MCL 750.81a.

  • Victim of sexual assault means an individual against whom a sexual offense has been committed as described in ORS 163.467 or 163.525; or any other individual designated as a victim of sexual assault by rule adopted under ORS 659A.805.

  • Felonious Assault means a violent or criminal act reported to the local authorities which was directed at you during the course of, or an attempt of, a physical assault resulting in serious injury, kidnapping, or rape.

  • Sexual abuse means actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions.

  • Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:

  • Personal harassment means any improper behaviour by a person employed by the Employer that is directed at and offensive to another person employed by the Employer which the first person knew or ought reasonably to have known would be unwelcome. Personal harassment comprises objectionable conduct, comment, act or display that demeans, belittles or causes personal humiliation or embarrassment to the recipient.

  • Sexually violent offense means an offense for which a conviction has been entered for any of the following indictable offenses:

  • Serious offense means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:

  • Conscious sedation means a minimally depressed level of consciousness that retains the patients’ ability to independently and continuously maintain an airway and respond appropriately to physical stimulation and verbal command. Conscious sedation is produced by a pharmacologic or non-pharmacologic

  • Criminal sexual activity means the commission of an act as defined in Section 886 of Title 21 of the Oklahoma Statutes, which is the act of sodomy; and

  • Sexual violence means any sexual act or act targeting a person’s sexuality, gender identity or gender expression, whether the act is physical or psychological in nature, that is committed, threatened or attempted against a person without the person’s consent, and includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation. 2016, c. 2, Sched. 6, s. 1.

  • Nonviolent offense means an offense which is not a violent

  • Serious Misconduct means any misconduct identified as a ground for termination in the Motorola Code of Business Conduct, or the human resources policies, or other written policies or procedures.

  • serious offence means: (a) a crime or offence involving the death of a person; (b) a sex-related offence or a crime, including sexual assault (whether against an adult or child); child pornography, or an indecent act involving a child; (c) fraud, money laundering, insider dealing or any other financial offence or crime, including those under legislation relating to companies, banking, insurance or other financial services; or (d) an attempt to commit a crime or offence described in (a) to (c);

  • Sexual orientation means actual or perceived heterosexuality, homosexuality or bisexuality.

  • Sexual activity means sexual conduct or sexual contact, or both.

  • Intimidating, threatening, abusive, or harming conduct means, but is not limited to, conduct that does the following:

  • Violent felony means any offense that, if committed by an adult, would constitute a felony and:

  • Violent offense means a violent offense under RCW 9.94A.030;

  • Emotional abuse means behavior that could harm a child’s emotional development, such as threatening, intimidating, humiliating, demeaning, criticizing, rejecting, using profane language, or using inappropriate physical restraint.

  • Serious illness means an accident, injury, illness, disease, or physical or mental condition that: poses imminent danger of death; requires inpatient care in a hospital, hospice, or residential medical facility; or requires continuing in-home care under the direction of a physician or health care provider. Related current definitions are summarized in (f) below.

  • Victim of domestic violence means a person protected under this act and shall include any person who is 18 years of age or older or who is an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present or former household member. “Victim of domestic violence” also includes any person, regardless of age, who has been subjected to domestic violence by a person with whom the victim has a child in common, or with whom the victim anticipates having a child in common, if one of the parties is pregnant. “Victim of domestic violence” also includes any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship.

  • Assault means “assault” as defined in Iowa Code section 708.1.

  • Sexual act means (1) contact between the penis and the vulva or the penis and the anus, and for purposes of this definition contact involving the penis occurs upon penetration, however slight; (2) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; or (3) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to arouse or gratify the sexual desire of any person.

  • Sexual offense means any of the following offenses:

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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.
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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 (see more examples below under ‘What is consent?’).

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.

Related types of sexual violence

There are other forms of sexual violence that also involve the non-consensual touching of another person in a sexual manner. These include:

  • rape

  • assault by penetration

    (where someone penetrates another person’s vagina or anus with an object or a part of the body that’s not a penis, without their consent)

  • forms of

    child sexual abuse

    that involve contact

These are seen as different crimes in English and Welsh law. However, it’s common to hear people using the terms ‘sexual assault’ or just ‘assault’ to describe any of them.

This might be because someone feels more comfortable saying ‘sexual assault’ (rather than, for example, ‘rape’). Or it might be because they’re not familiar with the legal definitions of these terms.    

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