What is a breach of a non-molestation order?
Touching someone without their consent may not always amount to a criminal offence. However, where touching is deemed to be sexual in nature, it could lead to charges being brought forward.
Given how serious the charges for inappropriate touching can be, and how wide the definition of sexual touching is, it is important to understand what actions could amount to inappropriate touching, and what steps to take when facing such an allegation.
Here, we discuss what inappropriate or sexual touching could amount to, the offence an allegation of sexual touching is likely to fall under, whether it differs from assault and what the potential sentences might be.
What is sexual touching?
Sexual or inappropriate touching is more formally referred to as the offence of 'sexual assault by touching’.
Section 3 of the Sexual Offences Act 2003 summarises sexual assault by touching as an offence where someone:
- Intentionally touches another person
- The touching is sexual
- The other person does not consent to the touching
- The offender does not reasonably believe that the other person consents
Section 79 (8) of the Sexual Offences Act states that touching can be done:
- With any part of the body
- With anything else
- Through anything
This means that sexual assault by touching does not necessarily need to involve ‘skin-to-skin’ contact. A charge could be brought forward, even where an alleged victim is fully clothed.
Are there different types of sexual touching offences?
Sexual touching offences, such as sexual assault by groping, are handled differently depending on the age of the alleged victim. Specifically, it refers to whether the alleged victim is over or under the age of 13.
A key point of defence during cases of sexual touching where the victim is 13 or over relates to the issue of consent. This could involve cases where an alleged offender had genuine reason to believe that the victim provided consent.
This does not apply in cases of sexual touching where the victim is under the age of 13. This is because anyone under the age of 13 is not deemed to be mentally or emotionally capable of consenting to any sexual contact.
As can be expected, inappropriate touching cases involving a victim under the age of 13 are also sentenced much harsher.
Is touching someone inappropriately assault?
The term ‘indecent assault’ is often used to describe instances of sexual touching. Indecent assault no longer exists in the law.
However, historical sexual offences that took place before the Sexual Offences Act 2003 came into effect can be prosecuted under the old laws (The Sexual Offences Act 1956 and Indecency with Children Act 1960). This means historic cases could be prosecuted under the term indecent assault.
Touching someone without consent, and in a non-sexual way, can still be charged under the offence of common assault.
This offence, set out in Section 39 of the Criminal Justice Act 1988, does not have to include physical violence, meaning touching is likely to be included.
There are some complications to this, as the courts determine that everyone in society risks themselves being touched in public. For example, someone accidentally bumping into someone on a busy train, or stepping on someone’s foot, is unlikely to be sufficient enough to bring forward a charge of common assault.
Can you go to jail for inappropriate touching?
Yes, if you are convicted of sexual assault by touching (or common assault where the touching is not sexual), you could face a period of imprisonment.
What are the sentencing guidelines for sexual touching?
Sexual assault by touching
Sexual assault by touching is a serious offence and, as such, the corresponding penalties are harsh. If a case is heard in the Crown court, the maximum possible sentence is ten years imprisonment. If it is heard in the Magistrates’ Court, the maximum sentence is six months’ imprisonment.
Sentencing Council indicates that the typical offence range for the offence is between a community level order and seven years’ custody.
Following a conviction for sexual assault by touching, you will be placed on the Sexual Offender’s Register, as well as potentially being handed a Sexual Harm Prevention Order or an additional ancillary order.
The exact sentence that is handed out will be determined by the perceived harm and culpability.
Harm is separated into three categories:
- Category 1
- Severe psychological or physical harm
- Abduction
- Violence or threats of violence
- Forced/uninvited entry into victim’s home
- Category 2
- Touching of naked genitalia or naked breasts
- Prolonged detention/sustained incident
- Additional degradation/humiliation
- Victim is considered particularly vulnerable due to personal circumstances
- Category 3
- Factors in both categories 1 and 2 are not present
Culpability is separated into two categories:
- Culpability A
- Significant degree of planning
- Offender acts together with others to commit the offence
- Use of alcohol or drugs on the victim to facilitate the offence
- Abuse of trust
- Previous violence against the victim
- Offence committed during the course of burglary
- Offence is recorded
- Commercial exploitation or motivation
- Racially or religiously aggravated
- Motivated by, or demonstrating, hostility towards the victim based on sexual orientation (or presumed sexual orientation) or transgender identity (or presumed transgender identity)
- Motivated by, or demonstrating, hostility to the victim based on a disability (or presumed disability)
Common assault
If a charge of common assault is brought forward, an offender could face up to 6 months in prison. It is a summary only offence, which can only be heard in the Magistrates’ Court.
That said, if an offence of common assault is carried out against an emergency worker, the sentence could be extended to 12 months’ custody, and if it is racially or religiously motivated, it could be extended to two years’ custody.
Should I speak to a solicitor if I’m accused of sexual touching?
Yes, when accused of any type of sexual offence (or if you have already been arrested or are under investigation), it is imperative that you speak to an expert sexual offence solicitor as soon as possible. Instructing legal support at an early stage can make all the difference when it comes to the final sentencing decision.
The sentences for sexual assault by touching can be extremely serious, especially where a case is heard in the Crown Court. You can also be placed on the Sexual Offender’s Register.
In these circumstances, it is important that you clearly understand your legal rights and whether any actions may undermine your defence. You will not be considered ‘guilty’ just for instructing legal counsel – you are within your rights to do so.
At JD Spicer Zeb, our sexual offence solicitors have substantial experience in this area and will be able to take you through every step that needs to be taken when building your defence case.
Contact our assault by penetration lawyers today
For a free initial consultation, urgent specialist advice, immediate representation, or to speak to us confidentially about allegations of sexual assault by touching, please do not hesitate to get in touch.
You can contact our dedicated sexual offences solicitors in London, Birmingham, and Manchester by telephone on:
- 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)
Or email: solicitors@jdspicer.co.uk
Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.
24/7 legal representation for sexual touching allegations
Please get in touch for a free initial consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice on dealing with allegations relating to inappropriate touching.
We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number 07836 577 556.
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Common questions
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