Can You Go to Jail for Touching Someone in the UK? (2026)
In Brief
Yes, you can go to jail for touching someone in the UK. If the touching is sexual, it may be charged as sexual assault by touching under Section 3 of the Sexual Offences Act 2003, carrying a maximum sentence of 10 years’ imprisonment. Non-sexual unwanted touching can be prosecuted as battery (a common law offence codified by section 39 of the Criminal Justice Act 1988).
Whether you face prison depends on the type of touching, the harm caused, and your previous record. If you are accused of any offence involving unwanted touching, seek legal advice from a criminal defence solicitor as early as possible.
What Is Sexual Touching Under UK Law?
Sexual touching is defined under Section 3 of the Sexual Offences Act 2003. A person commits an offence of sexual assault if they:
- Intentionally touch another person
- The touching is sexual in nature
- The other person does not consent to the touching
- The person doing the touching does not reasonably believe the other person consents
Under Section 79(8) of the same Act, “touching” is interpreted broadly. It includes touching with any part of the body, with anything else, or through anything – meaning that contact through clothing still counts. You do not need to make skin-to-skin contact for the offence to be made out.
Under Section 78, touching is “sexual” if a reasonable person would consider it sexual by its nature, or if it may be sexual and in fact is sexual due to the circumstances and/or the person’s purpose. Examples include groping someone’s breasts, buttocks, or genitals; touching someone’s thigh in a sexual manner; sexual kissing without consent; or pressing against someone sexually on public transport.
What Is Consent?
Consent is central to sexual touching offences. Under Section 74 of the Sexual Offences Act 2003, a person consents if they agree by choice and have the freedom and capacity to make that choice.
This means consent cannot be given if a person is asleep or unconscious, so heavily intoxicated they lack capacity, under duress, or deceived about the nature of the act. Consent can also be withdrawn at any time – if someone asks you to stop, continuing to touch them is an offence.
If you are accused of sexual assault, the prosecution must prove both that the complainant did not consent and that you did not have a reasonable belief in consent.
Is Touching Someone Without Consent Assault?
Whether unwanted touching is treated as assault depends on the nature of the contact. UK law distinguishes between sexual assault and battery.
Sexual Assault by Touching
If the unwanted touching is sexual in nature, it falls under Section 3 of the Sexual Offences Act 2003. Sexual assault by touching is an either-way offence, meaning it can be heard in the Magistrates’ Court or the Crown Court depending on seriousness. The offence covers a wide range of behaviour, from brief opportunistic groping to prolonged sexual contact, and can be committed against anyone regardless of gender.
Battery
If the touching is not sexual but is still unwanted and intentional or reckless, it may be charged as battery under Section 39 of the Criminal Justice Act 1988. Examples include pushing, grabbing someone’s arm, or slapping someone.
Not every instance of physical contact will be charged as battery. Everyday touching generally accepted in social interaction – such as tapping someone on the shoulder or brushing past someone in a crowded space – is unlikely to result in criminal charges, as the law typically recognises implied consent to ordinary physical contact in daily life.
What Are the Penalties for Sexual Assault by Touching?
Sexual assault by touching carries a maximum sentence of 10 years’ imprisonment when tried in the Crown Court. The Sentencing Council guidelines provide a framework based on the harm caused and the culpability of the offender.
Category | Culpability A | Culpability B |
Category 1 (most serious harm) | 4 years’ custody (range: 3-7 years) | 2 years 6 months’ custody (range: 2-4 years) |
Category 2 | 2 years’ custody (range: 1-4 years) | 1 year’s custody (range: high community order - 2 years) |
Category 3 (least serious harm) | 26 weeks’ custody (range: high community order - 1 year) | High-level community order (range: medium community order - 26 weeks) |
Harm is assessed on factors including the severity of psychological or physical harm, whether violence or threats were used, whether naked intimate areas were touched, and the victim’s vulnerability. Culpability considers factors such as planning, abuse of trust, use of alcohol or drugs to facilitate the offence, or targeting based on a protected characteristic.
Since November 2024, Magistrates’ Courts can impose a maximum custodial sentence of 12 months for a single either-way offence (previously 6 months), meaning lower-level cases heard in the Magistrates’ Court now face a higher potential sentence.
For a detailed breakdown of sentencing factors, see our full guide to sexual assault sentencing guidelines.
Penalties for Battery
Battery carries a maximum sentence of 6 months’ imprisonment in the Magistrates’ Court (or 12 months if the assault is against an emergency worker). If the offence is racially or religiously aggravated, the maximum increases to 2 years’ imprisonment.
For more detail on assault sentencing, see our article on what is the sentence for assault.
Other Consequences of a Sexual Touching Conviction
A conviction for sexual assault by touching has serious consequences beyond a prison sentence:
- Sex Offenders Register: You will be placed on the Sex Offenders Register if you receive a custodial sentence (including suspended), a hospital order, or a community order of 12 months or more, although this depends on the specific offence and offender.
- Sexual Harm Prevention Order (SHPO): The court may restrict your behaviour, such as limiting use of public transport or restricting internet use.
- Criminal record and DBS: Sexual offences are “specified offences” that are never filtered from DBS checks, regardless of how much time passes. This can affect employment in roles involving children, vulnerable adults, or positions of trust.
What About Accidental or Non-Sexual Touching?
Under UK law, sexual assault requires the touching to be intentional and sexual. Genuinely accidental contact – such as bumping into someone on a crowded train – does not meet the legal threshold for sexual assault or battery.
However, what one person claims is accidental may be viewed differently by the complainant or the police. If you are accused of unwanted touching that you believe was accidental, seek legal advice immediately and do not try to explain the situation without a solicitor present. The prosecution must prove intention, and if there is insufficient evidence, charges may not be brought. For more on how cases are assessed, see our article on what evidence does the CPS need.
What Should You Do if Accused of Sexual Touching?
An accusation of sexual assault by touching is serious, but it does not mean you will be convicted. You should:
- Get legal advice immediately – you have the right to free legal representation at the police station. Instructing a solicitor does not imply guilt.
- Do not discuss the allegation with anyone other than your solicitor, especially not on social media.
- Follow any bail conditions carefully. Breaching conditions can result in additional charges. Read more about what it means to be on bail but not charged.
- Prepare your defence – your solicitor will review the evidence and identify weaknesses in the prosecution case.
Many sexual touching cases turn on issues of consent, identity, or the nature of the contact. An experienced criminal defence solicitor can make a significant difference to the outcome.
Contact JD Spicer Zeb Solicitors
If you have been accused of sexual assault by touching or any other sexual offence, our specialist sexual offence solicitors can provide immediate legal advice and representation. We offer 24-hour emergency support across England and Wales.
Call us now:
- Brent & Camden London Office: 0207 624 7771
- Manchester Office: 0161 835 1638
- Birmingham Office: 0121 614 3333
- City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)
Email: solicitors@jdspicer.co.uk
You can also complete our online enquiry form for a confidential response.
Frequently Asked Questions
Is grabbing someone’s bum sexual assault?
Yes, grabbing someone’s buttocks without their consent is likely to be treated as sexual assault by touching under Section 3 of the Sexual Offences Act 2003.
Can you go to jail for touching someone on the shoulder?
Tapping or touching someone on the shoulder in a non-aggressive, non-sexual way is not normally a criminal offence. It would generally be considered acceptable social contact. However, if the touching is aggressive, threatening, or continues after the person has asked you to stop, it could potentially be charged as battery.
Is it assault if someone touches you without permission?
It depends on the context. The touching must be intentional or reckless and unlawful. Intentional, unwanted touching can constitute either battery or sexual assault, depending on whether the contact is sexual in nature. For a charge to be brought, the prosecution must prove the touching was intentional, unlawful, and – in the case of sexual assault – sexual.
What is the difference between sexual assault and indecent assault?
The offence of “indecent assault” no longer exists under current UK law. It was replaced by sexual assault when the Sexual Offences Act 2003 came into force on 1 May 2004. If an offence of indecent assault occurred before that date, it can still be prosecuted under the previous legislation (the Sexual Offences Act 1956).
Do you go on the sex offenders register for sexual touching?
Not automatically. You will be placed on the Sex Offenders Register if you receive a custodial sentence (including a suspended sentence), a hospital order, or a community order of 12 months or more. Lower-level disposals such as a fine or a shorter community order do not trigger registration.
Can the police charge you with sexual assault without the victim’s consent?
Yes. The decision to charge rests with the Crown Prosecution Service (CPS), not the victim. If the CPS considers there is sufficient evidence and it is in the public interest to prosecute, they can proceed even if the complainant does not wish to support the case. Read more in our article on whether the police can press charges without the victim’s consent.