Sexual Offences Act 2003 s.77 – Sections 75 and 76: relevant acts

In relation to an offence to which sections 75 and 76 apply, references in those sections to the relevant act and to the complainant are to be read as follows—

Offence	Relevant Act
An offence under section 1 (rape).	The defendant intentionally penetrating, with his penis, the vagina, anus or mouth of another person (“the complainant”).
An offence under section 2 (assault by penetration).	The defendant intentionally penetrating, with a part of his body or anything else, the vagina or anus of another person (“the complainant”), where the penetration is sexual.
An offence under section 3 (sexual assault).	The defendant intentionally touching another person (“the complainant”), where the touching is sexual.
An offence under section 4 (causing a person to engage in sexual activity without consent).	The defendant intentionally causing another person (“the complainant”) to engage in an activity, where the activity is sexual.

Definitions used in section 77 1

Vagina: (9) “Vagina” includes vulva.
Defined in s.79(9) · see it in the full Act

Cases considering section 77 3

Jheeta, R. v

[2007] EWCA Crim 1699 · 11 July 2007Defines

The court used section 77 to identify the relevant act in rape as intentional penile penetration of the complainant. That definition supported its narrow construction of section 76. (see paras [19]; [24])

Sex Matters, R (on the application of) v Director of Public Prosecutions

[2026] EWHC 2449 (Admin) · 25 September 2026Defines

The Court used the provision’s definition of the relevant act to explain the statutory framework for the offences and the relationship between sections 74 and 76. (see para [41])

Assange v Swedish Prosecution Authority

[2011] EWHC 2849 (Admin) · 2 November 2011Defines

The court referred to the statutory definition of the relevant act to explain the narrow operation of section 76. It did not treat that definition as excluding a section 74 assessment of conditional consent (see paras [82]-[90]).

What each judgment says about section 77 is in the case-law panel in the full Act.

Explanatory note

144.Section 77 defines the relevant acts to which the provisions in sections 75 and 76 apply.

All the explanatory notes for the Act