Sexual assault is one of the most commonly investigated sexual offences, and allegations range from a single touch on a night out to repeated conduct over years. It carries a maximum of 10 years' imprisonment and can lead to sex offender notification requirements. Early advice, especially before a police interview, can make a real difference to the outcome.
If the police have contacted you
- Do not attend a police interview, voluntary or after arrest, without a solicitor.
- Free legal advice at the police station is your right, whatever your income.
- Do not contact the person who made the allegation.
- Do not delete messages, photos, apps or social media accounts.
- Do not discuss the allegation with anyone other than your solicitor.
What is sexual assault?
Under section 3 of the Sexual Offences Act 2003, a person commits sexual assault if they:
- intentionally touch another person,
- the touching is sexual,
- the other person does not consent, and
- they do not reasonably believe that the other person consents.
Touching is defined widely. Under section 79 it includes touching with any part of the body or with an object, and touching through clothing. There does not need to be any injury.
What makes touching "sexual"?
Section 78 says touching is sexual if a reasonable person would consider it sexual by its nature, or if it may be sexual by its nature and, because of the circumstances or the purpose of the person doing it, it is sexual. That second limb matters in cases such as an alleged touch during a medical examination, a massage or a crowded bar, where the context and intention are often the central issue.
Related offences
Sexual assault is often charged alongside, or as an alternative to, other offences:
- Assault by penetration (section 2): penetration of the vagina or anus with a part of the body or an object, without consent. The maximum is life imprisonment.
- Rape (section 1): see our rape defence page.
- Causing a person to engage in sexual activity without consent (section 4).
- Sexual assault of a child under 13 (section 7): consent is irrelevant, and the maximum is 14 years.
- Indecent assault under the Sexual Offences Act 1956, for historical allegations dating from before May 2004.
How is consent decided?
Section 74 says a person consents if they agree by choice and have the freedom and capacity to make that choice. Whether your belief in consent was reasonable is judged on all the circumstances, including any steps you took to find out. In some situations the law presumes there was no consent, for example where the other person was asleep or unconscious. Our guide to consent in UK sexual offence law explains this in detail.
What happens during a sexual assault investigation?
The police will usually want to interview you under caution, either as a voluntary attendee or after arrest. A solicitor will get disclosure of the allegation before the interview, advise you in private, and help you decide whether to answer questions, give a prepared statement or answer "no comment". Read our guide to police interviews for sexual offence allegations.
Officers may ask for your phone and may gather CCTV, messages and witness statements. After interview you are likely to be released on bail or "released under investigation" while enquiries continue, which can take months. Your solicitor can make written representations to the police or Crown Prosecution Service before a charging decision, setting out why there should be no further action.
If you are a student, your university may also start its own disciplinary process. See our guide to being accused of sexual misconduct at university.
Possible defences
Every case is different, but common lines of defence include:
- The touching did not happen, or did not happen as described. Evidence such as CCTV, phone location data and witness accounts can be decisive.
- The touching was accidental, for example in a crowd, and so was not intentional.
- The touching was not sexual, judged under section 78.
- Consent or reasonable belief in consent, based on what was said and done at the time.
- Mistaken identity, particularly in busy public places.
- The allegation is false. See our guide to defending false sexual assault allegations.
Digital material is often central, so it is important not to delete anything. Our guide to digital evidence in sexual offence cases explains why.
Which court will hear a sexual assault case?
Sexual assault under section 3 is an "either way" offence. The first hearing is at the magistrates' court, which decides whether the case is suitable for it to deal with. If it is, you can still choose a jury trial in the Crown Court. More serious cases, and those charged with offences such as assault by penetration, are sent to the Crown Court. Our court representation page explains each hearing, and our guide to bail covers what happens between hearings.
What sentence can you get for sexual assault?
The maximum sentence is 10 years' imprisonment. Under the Sentencing Council guideline for sexual assault, the court places the offence in one of three harm categories and two culpability levels. Starting points for an adult range from a high-level community order for the least serious cases to four years' custody for the most serious, within an overall range of a medium-level community order to seven years.
Factors the court looks at include the nature of the touching, whether it involved the breasts, genitals or buttocks, whether there was violence or threats, the effect on the complainant, and any abuse of trust. Our guide to sexual assault sentencing sets out every category, including when a sentence can be suspended.
Other consequences of a conviction
- Notification requirements (the "sex offenders register"), depending on the sentence and the age of the complainant. See our guide to the sex offenders register.
- A Sexual Harm Prevention Order, which can restrict contact, internet use or travel.
- DBS disclosure and employment: see how sexual offence convictions affect employment.
Frequently asked questions
Can touching over clothes be sexual assault?
Yes. The Sexual Offences Act 2003 says touching includes touching with any part of the body, with anything else and through anything, which includes through clothing. The prosecution must still prove the touching was sexual, that the other person did not consent and that you did not reasonably believe they consented.
Will I go on the sex offenders register for sexual assault?
Not in every case. For sexual assault of an adult, notification requirements apply if you receive a prison sentence (including a suspended sentence), are detained in hospital, or receive a community order of at least 12 months. If the complainant was under 18, notification applies whatever the sentence. Different rules apply if you were under 18 yourself: notification then only follows a sentence of at least 12 months’ imprisonment.
Is sexual assault dealt with in the magistrates’ court or the Crown Court?
Sexual assault of a person aged 13 or over is an "either way" offence, so it can be tried in either court. The magistrates decide whether their sentencing powers are enough; if not, the case goes to the Crown Court. You can also choose a Crown Court jury trial. Sexual assault of a child under 13 is a separate offence under section 7, with a higher maximum sentence of 14 years.
Is there a time limit for reporting sexual assault?
No. Because sexual assault can be tried in the Crown Court, there is no time limit for a prosecution. Allegations about events before 1 May 2004 are charged as indecent assault under the Sexual Offences Act 1956.
Can I accept a police caution for sexual assault?
Think very carefully and take legal advice first. A caution is an admission of guilt, it can appear on standard and enhanced DBS checks, and in some cases, for example where the complainant was under 18, it brings notification requirements. Never accept one without speaking to a solicitor.
What if we had been drinking?
Alcohol does not automatically mean someone could not consent, but a person who has lost the capacity to choose cannot consent. Your own intoxication is not a defence to the question of whether your belief in consent was reasonable. These cases turn on detailed evidence, such as messages, CCTV and witness accounts, so take advice early.
How we help
We are a referral service, not a law firm, and we do not give legal advice ourselves. When you contact us, we pass your details in confidence to an independent solicitor who specialises in sexual offence defence, so they can contact you directly. We cover the whole of England and Wales, including London, Manchester, Birmingham, Leeds and every other area we cover.
This page is general information about the law in England and Wales, not legal advice. Last updated 11 November 2026.