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Fact check: What is the current UK definition of sexual assault for crime reporting purposes?
Executive Summary
The current UK legal definition used in crime reporting equates sexual assault with intentionally touching another person sexually without consent, including touching with any part of the body or an object, as set out in the Sexual Offences Act 2003; this is the formulation most directly cited in the materials reviewed [1]. Other government and prosecutorial documents focus on reporting pathways, victim support, and prosecutorial policy rather than restating a single definitional sentence, so practical application in policing and Crown Prosecution Service (CPS) decision-making depends on statutory language combined with CPS guidance and operational protocols [2] [3].
1. Why the statutory wording matters more than guidance — and what the statute actually says
The clearest claim across the materials is that the Sexual Offences Act 2003 provides the statutory definition that underpins crime recording and prosecution: intentionally sexually touching another person without consent covers a range of conduct and objects, and this statutory foundation guides both police recording and CPS charge decisions [1]. The materials that concentrate on reporting and support do not dispute this statutory core; instead, they describe operational pathways and services that flow from the statutory offence. This creates a two-layer reality: statute defines the criminal act, while guidance frames investigation and victim engagement [1] [2].
2. How police and CPS guidance frame reporting and charging differently
Sources focused on reporting procedures and prosecutorial practice emphasize practical criteria and victim support rather than re-defining the offence. Public-facing reporting guidance explains the process of reporting rape or sexual assault and victim services, but stops short of a standalone legal definition for recording purposes [2] [4]. By contrast, CPS policy documents articulate how prosecutors apply the statutory elements in charging decisions, including efforts to counter myths and the evidential and public interest tests; these documents do not replace the statute but operationalize it, reflecting procedural priorities such as evidential sufficiency and fairness [3].
3. Recent policy activity changes the experience, not the legal text
Recent items in the dataset show several policy changes intended to improve survivor outcomes—such as pilot schemes for case review when the CPS intends to discontinue cases, and proposals to remove parental responsibility from convicted rapists—but these are reforms to procedure and consequence rather than redefinitions of sexual assault for recording purposes [5] [6]. The Law Commission and parliamentary initiatives referenced discuss improved understanding of consent and harm, which could influence future statutory reform, yet as of the documents cited the working definition remains grounded in the 2003 Act while policy tweaks affect prosecutorial and legislative consequences [7] [6].
4. Divergent emphases reveal institutional agendas
The sources show distinct institutional emphases: police and victim support materials foreground access, support and immediate reporting procedures, reflecting a service-oriented agenda; CPS materials stress evidential standards, prosecutorial consistency, and myth-busting, reflecting a justice-administration agenda [2] [3]. Law reform and parliamentary items prioritize systemic change and survivor protections, indicating a legislative reform agenda [7] [5]. Each agenda shapes presentation and detail: statutory definition remains constant while operational descriptions vary to serve different institutional objectives.
5. What is omitted or uncertain in public guidance that matters for reporting
Across the documents, there is limited direct public explanation of how the statutory definition maps to police crime-recording categories and decision thresholds. Reporting guidance tends to describe what victims should expect, while CPS policy addresses charging standards; neither fully details the intermediate steps police take to classify an incident as 'sexual assault' in crime statistics. This omission matters because recording practices influence prevalence figures and resource allocation; the absence of a single public-facing procedural map creates ambiguity between statutory wording and on-the-ground recording [2] [4].
6. Bottom line: definition, application, and what to watch next
In sum, the legal definition used for crime reporting in the UK is the Sexual Offences Act 2003 formulation — intentional sexual touching without consent — and this remains the anchor for reporting and prosecution [1]. Operational application is governed by police recording protocols and CPS prosecutorial guidance, which emphasize support, evidential thresholds, and consistency; recent policy measures aim to improve victim outcomes but do not supplant the statute [3] [5] [7]. Stakeholders seeking clarity should watch for statutory reform proposals and updated CPS or police recording guidance that would materially alter how incidents are classified and recorded [6].