In Progress
Lesson 1, Topic 77
In Progress

Causing a Person to Engage in Sexual Activity Without Consent

Sexual Offences Act 2003, section 4(1):

“A person (A) commits an offence if –

  1. he intentionally causes another person (B) to engage in an activity,
  2. the activity is sexual,
  3. B does not consent to engaging in the activity, and
  4. A does not reasonably believe that B consents.”

Furthermore, subsection 4 provides:

“A person guilty of an offence under this section, if the activity caused involved-

  1. penetration of B’s anus or vagina,
  2. penetration of B’s mouth with a person’s penis,
  3. penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or
  4. penetration of a person’s mouth with B’s penis,

Is liable, on conviction on indictment, to imprisonment for life.”

This section covers any other sexual violation which is not addressed in the definition of other offences. It has the effect of making the defendant liable when the victim engages in sexual activity with a person other than the defendant. It is possible for the person committing the sexual act to be liable for the offence as well as the defendant who initiates it. For example, a husband who forces his wife to have sex with another man without her consent is liable under this section. The other man may also be liable for rape, depending on whether he consented or not and the individual circumstances.