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Sexual Activity without Consent Solicitors in London

Specialist London Solicitors in Sexual Activity without Consent cases

At MFI Law Limited we have the expertise in representing clients charged with sexual activity without consent. Our London Solicitors are available to represent clients at London Police Stations, Magistrates' and Crown Courts throughout the country.

Causing a person to engage in sexual activity without consent is set out at section 4 of the Sexual Offences Act 2003 which states:

  1. A person (A) commits an offence if—
    1. he intentionally causes another person (B) to engage in an activity,
    2. the activity is sexual,
    3. B does not consent to engaging in the activity, and
    4. A does not reasonably believe that B consents.
  2. Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
  3. Sections 75 and 76 apply to an offence under this section.
  4. A person guilty of an offence under this section, if the activity caused involved—
    1. penetration of B's anus or vagina,
    2. penetration of B's mouth with a person's penis,
    3. penetration of a person's anus or vagina with a part of B's body or by B with anything else, or
    4. penetration of a person's mouth with B's penis,
    is liable, on conviction on indictment, to imprisonment for life.
  5. Unless subsection (4) applies, a person guilty of an offence under this section is liable—
    1. on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;
    2. on conviction on indictment, to imprisonment for a term not exceeding 10 years.

Culpability and Harm

The seriousness of the violation depends on a number of factors, but the nature of the sexual behaviour will be the primary indicator of the degree of harm caused in the first instance.

The age of a victim will be an aggravating factor if the victim is a youth or of old age. In addition, in principle, the younger the child and the greater the age gap between the offender and the victim, the higher the sentence should be. However, the youth and immaturity of the offender must also be taken into account in each case. Planning of an offence indicates a higher level of culpability than an opportunistic or impulsive offence.

Sentencing guidelines for Sexual Activity without consent

Maximum Sentence: On Summary 6 months or a fine or both

On conviction on indictment, to imprisonment for a term not exceeding 10 years, unless section 4 applies.

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