ABSTRACT

This chapter explains the law of rape and the law of assault by penetration, sexual assault, and other sexual offences. It analyses critically the law on sexual offences. The chapter applies the law to factual situations to determine whether there is liability for rape or for another sexual offence. The law of sexual offences in England and Wales has undergone radical reform in the last fifteen years. The reform process can be traced back to the then Home Secretary's announcement in January 1999 that a major review of the law governing sex offenders was to take place. Section 62(1) of the Sexual Offences Act 2003 states: 'A person commits an offence under this section if he commits any offence with the intention of committing a relevant sexual offence. Sexual assault is a new offence created by the Sexual Offences Act 2003, although it clearly replaces that of indecent assault.