Part 1Sexual Offences
Assault
3Sexual assault
(1)
A person (A) commits an offence if—
(a)
he intentionally touches another person (B),
(b)
the touching is sexual,
(c)
B does not consent to the touching, and
(d)
A does not reasonably believe that B consents.
(2)
Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
(3)
Sections 75 and 76 apply to an offence under this section.
(4)
A person guilty of an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding 10 years.