Specialist London Solicitors in Sexual Assault cases
At MFI Law Limited we have the expertise in representing clients charged with sexual assault. Our London Solicitors are available to represent clients at London Police Stations, Magistrates' and Crown Courts throughout the country.
Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
Sections 75 and 76 apply to an offence under this section.
Touching is widely defined and includes with any part of the body, or with anything else, and can be through clothing. In R v H (Karl Anthony)  2 Cr. App. R. 9, the Court of Appeal held that the touching of an individual's clothing was sufficient to amount to ‘touching’ for the purposes of section 3. Where touching was not automatically by its nature sexual, it was possible to ascertain whether the touching had been sexual by determining whether by its nature it might have been sexual and if so whether in the circumstances the purpose had in fact been sexual.
Touching includes touching amounting to penetration e.g. kissing. Where there is sufficient evidence, penile penetration of the vagina, anus or mouth should be charged as rape and penetration of the vagina or anus with any part of a person's body or other object should be charged as assault by penetration.