Sexual offence legal definition of sexual offence
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sexual offence a person (A) commits an offence if he intentionally touches another person (B), the touching is sexual, B does not consent to the touching, and A does not reasonably believe that B consents. 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. Where B is under 13 there is a separate analogous offence but consent is no defence at all (Sexual Offences Act 2003). If there is penetration see ASSAULT BY PENETRATION; if there is penetration by the penis see RAPE. See also CAUSING SEXUAL ACTIVITY WITHOUT CONSENT.