Sexual Offences Act 2003, section 79

Part 1: general interpretation

Part 1 Sexual Offences

[F173 (1)The following apply for the purposes of this Part.

(2)Penetration is a continuing act from entry to withdrawal.

(3)References to a part of the body include references to a part surgically constructed (in particular, through gender reassignment surgery).

(4) “Image” means a moving or still image and includes an image produced by any means and, where the context permits, a three-dimensional image.

(5)References to an image of a person [F174 (except in sections 66E, 66F [F175 , 66G and 66IF175] )F174] include references to an image of an imaginary person.

(6) “Mental disorder” has the meaning given by section 1 of the Mental Health Act 1983 (c. 20) .

(7)References to observation (however expressed) are to observation whether direct or by looking at an image.

(8)Touching includes touching—

(a)with any part of the body,

(b)with anything else,

(c)through anything,

and in particular includes touching amounting to penetration.

(9) “Vagina” includes vulva.

F176(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F173]

Cases considering section 79 8

H, R. v

[2005] EWCA Crim 732 · 1 February 2005Interprets

Section 79(8) is inclusive and not an exhaustive definition of touching. It does not require physical pressure to reach the complainant’s body before contact with clothing can amount to touching for sexual assault. (see paras [24]-[26])

F v M (Appeal: Finding of Fact)

[2019] EWHC 3177 (Fam) · 21 November 2019

The court accepted that penetration is a continuing act from entry to withdrawal. Consequently, continued penetration after the withdrawal of consent could constitute rape, and the occurrence or intention of ejaculation was immaterial to the finding. (see paras [17], [25], [27]-[28])

F, R (on the application of) v The Director of Public Prosecutions & Anor

[2013] EWHC 945 (Admin) · 24 April 2013

Applies the rule that penetration is a continuing act from entry to withdrawal. A decision after entry not to withdraw can therefore affect whether consent to the continuation of penetration exists (see para [26]).

What each judgment says about section 79 is in the case-law panel in the full Act.

Explanatory note

148.Section 79 gives a number of definitions relevant to offences in this Part. Subsection (2) is needed so that where, for example, a person consents at the time of entry to penetration, but then withdraws his consent and the penetration continues, the person penetrating may be guilty of rape or assault by penetration.

All the explanatory notes for the Act

Amendments and notes

4 notes from legislation.gov.uk

Amendments

  1. F173Ss. 78,79 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(f), Sch. 3; S.R. 2008/510, art. 2
  2. F174Words in s. 79(5) inserted (6.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 138(3), 142(1); S.I. 2026/31, reg. 2
  3. F175Words in s. 79(5) substituted (29.6.2026) by Crime and Policing Act 2026 (c. 20), ss. 99(3), 255(1); S.I. 2026/689, reg. 2(1)(i)
  4. F176S. 79(10) omitted (29.9.2026) by virtue of Crime and Policing Act 2026 (c. 20), ss. 114(4), 255(1); S.I. 2026/960, reg. 3(a)