England & Wales · 2003
Sexual Offences Act 2003
Protects: Anyone subjected to sexual offences, including within marriage/partnership.
Information only. This is not legal advice. Court procedures and the law change. Always confirm with a solicitor, Citizens Advice, or a domestic abuse advocate before acting.
Summary
Defines rape (s.1), assault by penetration (s.2), sexual assault (s.3), causing sexual activity without consent (s.4). Consent (s.74) requires capacity and freedom to agree; conclusive and evidential presumptions in ss.75-76 apply where violence, threats, or unconsciousness are involved.
Key provisions
Consent (s.74)
A person consents if they agree by choice and have the freedom and capacity to make that choice.
Marriage no defence
Rape within marriage has been a criminal offence since R v R (1991) and is fully covered by the 2003 Act.
What this Act affects
The specific protective court orders and decision points this Act creates or feeds — with the exact statutory section.
- Restraining Order on conviction/acquittal →
ss.1–4 + s.5/5A PHA 1997Decision point: SOA convictions feed restraining orders and Sexual Harm Prevention Orders (Sentencing Act 2020 s.343).
- Risk assessment in family proceedings →
ss.1–4 + PD12JDecision point: sexual offending — including marital rape — is a 'risk of harm' factor rebutting the s.1(2A) presumption of involvement.