102 Petty France
London
SW1H 9AJ
T:020 3334 3555
F:020 33344455
E:
Mr Joshua Blyth
Our ref: TO16/4042 / 15 November 2016
Dear Mr Blyth
SECTION 1 RAPE OFFENCE: SEXUAL OFFENCES ACT 2003
Thank you for your e-mail of 13 October about the law on rape.
In your e-mail you express concern that because of the current legal definition of rape there may be some inequality in this area of the law and that women who sexually assault or abuse are currently evading justice.
The Government does not agree that this is the case.
It is true that rape under Section 1 of the Sexual Offences Act 2003 (the “2003 Act”) is, in the majority of cases, committed by a man, but there are some rare exceptions for example, when a woman is actively involved in the commission of a gang rape.
Issues surrounding the definition of rape were considered both in the “Setting the Boundaries” consultation published prior to the introduction of the Sexual Offences Act 2003 and, during the passage of that legislation through Parliament. In the consultation there was a considerable amount of agreement that rape should remain an offence of penile penetration, but that the definition be extended to include penile penetration of the mouth.
In the 2003 Act the law was reformed to ensure that all non-consensual sexual penetration could be dealt with by specific serious offences, including those that can be committed by a man or a woman, for example, the offence of causing a person to engage in sexual activity without consent.
Under Section 4 of the 2003 Act a person (A) commits an offence if –
(a) he intentionally causes another (B) to engage in an activity,
(b) the activity is sexual,
(c) B does not consent to the activity, and
(d) A does not reasonably believe that B consents.
Section 4(4) covers the penetration of a person's anus or vagina with a part of B's body or by B with anything else and the penetration of a person's mouth with B's penis. The maximum sentence for this offending is life imprisonment.
Section 3 of the 2003 Act also provides for an offence of sexual assault, which can be committed by a man or a woman and which carries a maximum sentence of 10 years’ imprisonment.
The law on sexual offences does, therefore, protect both men and women from serious sexual offending.
The 2003 Act significantly modernised and strengthened the laws on sexual offences in England and Wales to provide extra protection to people from sexual exploitation. The sentences available to the courts for offences under the Act are significant and reflect the seriousness of the offending.
You may also find the following link to the Sexual Offences Act 2003 helpful:
I should like to further assure you that this Government is committed to ensuring that victims of rape and sexual violence receive the support they need and deserve.
You may be aware that, as part of the Government’s wider strategy for tackling sexual violence, the Ministry of Justice allocates funding for rape support provision across England and Wales. Rape support centres provide independent, specialist support to victims of both recent and historic rape and sexual violence. For 2016/17 the Ministry of Justice has protected funding of £0.7m to 12 male rape support centres and a support website, and are also piloting a telephone helpline for male victims.
I hope this information assures you of the Government’s ongoing commitment to tackle sexual offending in all its forms.
Yours sincerely,
Pornography, Obscenity and Sexual Offences Team