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  4. Legal Definitions in the EU Member States

United Kingdom - Sexual Assault (excl. rape)

This resource includes the legal definitions of different types of gender-based violence used in EU Member States, according to their legal terminology and national legislation. It was last updated in 2019 and makes a reference to the United Kingdom as a member state of the European Union.

Content type
Legal definition
Country
Non EU countries
Topics
  • Violence
  • Justice

"Sexual assault" is the sexual touching of a person without their consent:

  • Person A commits an offence if (a) he intentionally penetrates the vagina or anus of another person 'B‘ with a part of his body or anything else, (b) the penetration is sexual, (c) B does not consent to the penetration and (d) A does not reasonably believe that B consents.
  • Person A commits an offence if (a) he intentionally touches another person B, (b) the touching is sexual, (c) the person does not consent to the touching and (d) A does not reasonably believe that Bconsents.

Legal provisions on protection orders

Sexual offences prevention orders: These orders are civil behaviour orders or ‘preventive orders’ imposed upon conviction (‘post-conviction orders’) or upon complaint (‘stand-alone orders’). A Sexual Offences Prevention Order (SOPO) is a civil order created by the Sexual Offences Act 2003 to replace Restraining Orders and Sex Offender Orders available through the Sex Offenders Act 1997. An order may be made against any ‘qualifying offender’ defined by section 106(5).

Legal Source

Sexual Offences Act 2003 UK, Section 2 and 3

Observations

Scotland: Sexual Offences (Scotland) Act 2009
Northern Ireland: Sexual Offenses (Northern Ireland) Order 2008

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