Assault By Penetration.

Assault by penetration is a sexual offence that involves:

• An intentional and sexual penetration of a vagina, anus, or mouth.
• It is non-consensual.
• The perpetrator believes it to be non-consensual beyond a reasonable doubt.

If the act does not meet all of these criteria, it can still fall under a separate sexual offence (i.e. sexual assault). For more information on sexual assault, please see our sexual assault page.

The main differences between rape and assault by penetration are:

• Rape must involve sexual penetration with a penis. Conversely, assault by penetration will involve either another body part or an object.
• Only a man can commit rape. Therefore, a woman will instead face charges of assault by penetration if she commits an act of sexual penetration. 

Any non-consensual and sexual interaction that does not include penetration will instead fall under sexual assault.

No – regardless of your case, you are legally entitled to legal representation under questioning by the police. If questioned without the presence of a qualified sexual offence solicitor, refuse to speak with the police until they arrive. It is within your rights to do this.

It is imperative that you act quickly when faced with an assault by penetration charge. Employing the help of a solicitor early on can assist with police questioning and evidence analysis.

If you need to consult a sexual offence solicitor based in London or Brighton, contact us on 020 3007 5500.

Assault by penetration is an indictable offence, meaning and is taken to Crown Court which has increased sentencing powers to serve worse punishments for individuals who commit criminal offences.

The maximum sentence for an assault by penetration conviction is life imprisonment. The court will consider factors such as remorse or prior convictions when handing out a sentence.

If you are falsely accused of assault by penetration, you should seek legal help immediately. Assault by penetration is a serious offence that will be met with severe repercussions.

Importantly, the court must believe beyond a reasonable doubt that:

• The defendant actually committed the act.
• The act was non-consensual and believed, by the defendant, to be so.
• Penetration was sexual in nature.

If these criteria cannot be proved beyond a reasonable doubt, you have a strong defence against the false allegations.

As assault by penetration is such a serious offence, it is imperative that you seek legal help when charged. The ramifications of such an offence are life-lasting; they can damage your future life or career permanently.

Our sexual offence solicitors have experience in dealing with complicated matters such as these. At Britton and Time, our solicitors will ensure you have:

• Police station representation.
• The best possible defence for your case.
• A professional with experience in dealing with criminal defence cases.
• An understanding of your standpoint and available options.
• The knowledge to reduce potentially damaging impacts on your future.

If you need to consult a solicitor regarding an assault by penetration charge, contact us on 020 3007 5500.

We are currently unable to offer legal aid in any capacity as we lack the necessary legal aid certificate. We also don’t offer pro bono work at present.