Assault by penetration of the vagina or rectum without consent is prosecuted under The Sexual Offences Act 2003 – and is prosecuted under the same sentencing guidelines as rape, meaning conviction on assault by penetration charges can be punished with a life sentence in jail.
Assault by penetration can also be prosecuted at a Crown Court rather than a Magistrates’ Court.
Penetration can involve using a part of the body to penetrate another person – or an object. The activity has to be proved to be sexually motivated, however – and the prosecution must also prove that the activity took place without the consent of the victim.
Penetration also has to be proved to be intentional – and that the perpetrator did not reasonably believe that the victim had given their consent.
Not all those accused of assault by penetration are guilty of the allegation, but such allegations can ruin, lives, families and careers.
Allegations of assault by penetration can be extremely complex and it is vital to take legal advice from Duncan Lewis criminal solicitors as soon as possible.
Duncan Lewis advises those facing interview under caution relating to an allegation of assault by penetration to uphold their right to remain silent until one of our criminal defence lawyers arrives at a police station to advise on the charges.
Often cases involving assault by penetration will rely on issues of consent and whether a victim was able to consent – for example, if they were intoxicated, were unable to consent because of a mental health condition or learning disability, or because they were unconscious, asleep or had taken medication.
In some cases, a defendant may also be a victim of a malicious allegation – or even mistaken identity, depending on the circumstances.
However, such allegations are prosecuted whenever there is sufficient evidence – and especially if minors, children, or vulnerable or elderly people are victims in a case.
Defending cases involving assault by penetration will rely heavily on forensic evidence and witness statements – Duncan Lewis crime lawyers have acknowledged expertise in providing robust criminal defence services, with meticulous case preparation to ensure the best outcome for clients.
Duncan Lewis can also advise professionals in position of responsibility or trust on defending allegations of assault by penetration – as well as historical allegations and cases involving youth offenders.
Those convicted of indecent assault will be required to sign the Sex Offenders Register – and may also be subject to a Sexual Offences Prevention Order (SOPO), which Duncan Lewis criminal solicitors will also be able to advise on.
The Duncan Lewis Crime Department is ranked in Legal 500 2014 for its General Crime and White Collar Fraud Work.
Duncan Lewis crime lawyers have acknowledged expertise in case building based on a sound knowledge of the criminal justice system – and the ability to assemble compelling evidence and documentation in cases involving allegations of assault by penetration.
Duncan Lewis represents clients at Police Stations, Magistrates’ Courts, Crown Courts, and at Appeal Courts such as the Court of Appeal – and has highly experienced Higher Court Advocates with a background in conducting serious matters such as murder and rape.
Clients do not have to wait until they have been arrested to contact Duncan Lewis about any criminal charges – our team can advise from the initial stages of a police inquiry into an allegation of assault by penetration.
Duncan Lewis crime lawyers can also advise on appeals against convictions and sentencing for assault by penetration.
All Duncan Lewis criminal solicitors are highly trained and highly experienced – and are dedicated to offering the best criminal defence services to our clients at police stations, courts and prisons.
There are Duncan Lewis offices nationwide – including more than 20 offices across London and the southeast and in all major cities across England and Wales.
A member of the Duncan Lewis criminal defence team can usually reach a client at a police station or court within 45 minutes to offer expert legal advice on all criminal charges and for police interview under caution.
We aim for the best possible outcome for clients facing assault by penetration charges – call Duncan Lewis any time on 020 7923 4020 for expert legal advice.
For 24/7 help at a police station in England and Wales, call the Duncan Lewis Emergency Hotline on 020 7275 2036.
Duncan Lewis is a leading provider of Legal Aid criminal defence services – Legal Aid is means tested and may only be available in certain circumstances.
Duncan Lewis can advise further on Legal Aid at the initial client meeting.
In cases where a client may not be eligible for Legal Aid, Duncan Lewis criminal solicitors offer competitively-priced fee levels for private client representation – with fixed fees and advance notice of any costs whenever possible.
In some criminal cases, after the event insurance may be an option and Duncan Lewis will advise on an appropriate level of insurance to cover the potential costs of defending a criminal case and to pay any costs imposed by the court.
Call Duncan Lewis Criminal Solicitors to discuss charges relating to assault by penetration on 020 7923 4020.