Sexual Offences Act 2003, section 3

Sexual assault

Part 1 Sexual Offences

(1)A person (A) commits an offence if—

(a)he intentionally touches another person (B),

(b)the touching is sexual,

(c)B does not consent to the touching, and

(d)A does not reasonably believe that B consents.

(2)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.

(3)Sections 75 and 76 apply to an offence under this section.

(4)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years.

Cases considering section 3 45

BDZ v R (Indictment misstating age of child victim of sexual offences)

[2026] EWCA Crim 10 · 16 January 2026

The court treated the general sexual-assault offence as one for which age was not an element and held that the relevant consent issues were properly left to the jury. The date error therefore did not render the convictions unsafe (see paras [3], [18], [23]–[24]).

R v "ALJ"

[2024] EWCA Crim 1600 · 10 December 2024Interprets

Interprets the sexual-assault elements as including intentional sexual touching, sexual character, absence of consent and absence of reasonable belief in consent. The prosecution need prove an element genuinely in issue; a fuller consent direction was unnecessary where consent was not raised. (see paras [17]; [23]–[26])

RN, R (on the application of) v First tier Tribunal (Social Entitlement Chamber) & Anor

[2023] EWCA Civ 882 · 28 July 2023Interprets

The court held that its definition of sexual assault supplies the minimum requirements for sexual assault under paragraph 2(1)(d) of Annex B. Intentional sexual touching and absence of factual consent are therefore required. (see paras [73]-[75]; [83])

25 more judgments, and what each says about section 3, are in the case-law panel in the full Act.

Explanatory note

12.Section 3 makes it an offence for a person (A) intentionally to touch sexually another person (B) without that person’s consent, if he does not reasonably believe that B consents. What is said in the note to section 1 about whether a belief in consent is reasonable also applies here. The meaning of “touching” is explained at section 79(8); “sexual” is defined at section 78. The effect of these sections is that the offence covers a wide range of behaviour including, for example, rubbing up against someone's private parts through the person’s clothes for sexual gratification. Subsection (3) provides that sections 75 and 76 apply to this offence. Sections 75 and 76 deal with evidential and conclusive presumptions about consent.

All the explanatory notes for the Act