| 释义 |
sexual assault
A criminal offence under the Sexual Offences Act 2003 in which a person (A) intentionally touches another person (B), where the touching is sexual, where B does not consent to the touching, and where A does not reasonably believe that B consents. Whether A’s belief in B’s consent is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents. The mens rea element for sexual assault in the 2003 Act sets a standard of negligence whereby the defendant’s honest but unreasonable belief in his victim’s consent will not negate liability. Formerly, the defendant’s honest belief in the victim’s consent would negate liability, irrespective of whether that belief was reasonable (DPP v Morgan [1976] AC 182 (HL)). The offence of sexual assault covers many of the activities that were previously criminalized as indecent assault. The maximum penalty is 10 years’ imprisonment. Compare rape; assault by penetration. |