Assault of a Child Under 13 by Penetration (Section 6 Sexual Offences Act 2003)

Assault of a Child Under 13 by Penetration is an offence under s.6 Sexual Offences Act 2003. A person commits the offence if he intentionally penetrates the vagina or anus of another person with a part of his body or anything else, the penetration is sexual, and the other person is under 13 (s.6(1)). Penetration, touching or any other activity is sexual if a reasonable person would consider that, whatever its circumstances or any person's purpose in relation to it, it is because of its nature sexual, or that because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual (s.78). The section contains no element of consent or of belief in consent. Maximum sentence: on conviction on indictment, imprisonment for life (s.6(2)). The section gives no summary penalty, so the offence is triable only on indictment.

In practice

This is an indictable-only offence: it must be tried at the Crown Court. The charging decision rests with the CPS (not police). All suspects must be interviewed by officers trained in sexual offence investigation. Disclosure must be handled in accordance with the Attorney General's Guidelines. Consider a Sexual Harm Prevention Order application. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).