Causing a Person to Engage in Sexual Activity Without Consent (Section 4 Sexual Offences Act 2003)

Causing a Person to Engage in Sexual Activity Without Consent is an offence under s.4 Sexual Offences Act 2003. A person (A) commits the offence if he intentionally causes another person (B) to engage in an activity, the activity is sexual, B does not consent to engaging in the activity, and A does not reasonably believe that B consents (s.4(1)). 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 (s.4(2)). For the purposes of Part 1 of the Act, a person consents if he agrees by choice, and has the freedom and capacity to make that choice (s.74). 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). Maximum sentence: where the activity caused involved penetration of B's anus or vagina, penetration of B's mouth with a person's penis, penetration of a person's anus or vagina with a part of B's body or by B with anything else, or penetration of a person's mouth with B's penis, on conviction on indictment, imprisonment for life, with no summary penalty given (s.4(4)); in any other case, on conviction on indictment, imprisonment for a term not exceeding 10 years, and on summary conviction, imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both (s.4(5)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Where penetration is involved, it is indictable-only. Mode of trial depends on the seriousness and the defendant's election. 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).