Rape and other forms of abuse

Rape

The definition of rape was changed by law on 1 May 2004. What was previously known as ‘rape’ has been replaced by the criminal offence of ‘sexual assault by penetration’.

Sexual assault by penetration

It is against the law for someone, male or female, intentionally to penetrate the vagina or anus of another person with a part of their body or anything else, without their consent.

The word “consent” in this context is defined in law. A person consents if he or she agrees by choice, and has the freedom and capacity to make that choice. The law does not require the victim to have resisted physically in order to prove a lack of consent.

A boy or girl under the age of 16 cannot consent in law to penetration.

Sexual assault and indecent assault

It is against the law to touch someone else in a sexual way if the other person doesn’t want them to and they do not reasonably believe that the other person consents.

Exposure

It is against the law for someone to expose their genitals if they intend someone else to see them and if they want to cause that person ‘alarm or distress’.

Grooming

It is against the law to befriend a child on the internet and meet or intend to meet to abuse them. This is called Grooming. If you have met someone online and you are under 16 then it may be considered grooming if they want to meet you for sexual reasons.

Child abuse (Prostitution and Pornography)

Child Pornography – Photos and videos which are sexual and shows a person under the age of 18.

Child Prostitution – A child who works sex acts selling for money.

An offence of child abuse under Sexual Offences Act 2003 includes:

  • buying sexual services of a child
  • causing, encouraging, arranging or facilitating child prostitution or pornography
  • controlling any of the activities of a child involved in prostitution or pornography.