Last Updated: 13 August 2026 I Reading Time: 6 – 7 minutes
Summary
Sexual assault is a serious criminal offence involving sexual contact or activity without a person’s consent. It can affect people of any age, sex or background and can happen between strangers, friends, partners or spouses.
Understanding what constitutes a sexual assault is important because consent is central to determining whether sexual contact is lawful. A person must freely choose to take part, and consent can be withdrawn at any time.
For people who have experienced sexual assault, the effects can be physical, emotional and psychological. In some circumstances, victims may also be entitled to compensation through the Criminal Injuries Compensation Authority (CICA).
Quick answer
Sexual assault is sexual touching or another sexual act carried out without a person’s consent. Consent must be given freely, and a person must have the freedom and capacity to make that choice. Sexual assault can happen to anyone and can occur within a relationship or marriage. Depending on the circumstances, a victim of sexual assault may also be able to claim compensation through the CICA.
In this article
- What constitutes a sexual assault?
- What does consent mean?
- Can sexual assault happen in a relationship or marriage?
- What is the difference between rape and sexual assault?
- What types of sexual assault are there?
- Can you claim CICA compensation after sexual assault?
- What compensation can CICA provide?
- How long do you have to make a CICA claim?
- How GLP Solicitors can help
Key takeaways
- Sexual assault involves sexual contact or activity without consent.
- Consent must be given freely and a person must have the freedom and capacity to make that choice.
- Consent can be withdrawn at any time, including during sexual activity.Sexual assault can happen within a marriage or relationship.
- Sexual offences can involve penetration, touching or other sexual acts, depending on the circumstances.
- The age of consent in England and Wales is 16, although additional offences protect children and young people from sexual abuse and exploitation.
- Victims of sexual assault may be eligible for CICA compensation.
- CICA compensation can cover certain sexual injuries and, in some circumstances, additional consequences such as pregnancy, loss of a foetus or sexually transmitted infection.
What constitutes a sexual assault?
Sexual assault is a sexual offence involving intentional sexual touching without consent.
Under the Sexual Offences Act 2003, a person commits sexual assault if they intentionally touch another person, the touching is sexual, the other person does not consent, and the person accused does not reasonably believe that the other person consents.
Sexual assault is not limited to one particular type of behaviour. The circumstances of each incident matter, including what happened, whether the contact was sexual and whether the person consented.
Sexual offences can have a significant impact on a victim’s physical and mental wellbeing. The effects may continue long after the incident itself.
What does consent mean?
Consent means agreeing to something by choice, with the freedom and capacity to make that choice.
Consent is not simply the absence of saying “no”. A person must freely agree to what is happening.
Consent can also change. Someone can agree to sexual activity and then decide that they no longer want to continue. If consent is withdrawn, the other person must stop.
For consent to be meaningful, a person must have the freedom and capacity to make the decision.
This means that circumstances such as unconsciousness, certain levels of intoxication or other factors affecting a person’s ability to make a choice can be highly relevant.
Can sexual assault happen in a relationship or marriage?
Yes. Sexual assault can happen within a marriage or relationship.
Being in a relationship with someone does not mean that they have automatically consented to sexual activity.
Consent must apply to the sexual activity taking place at the time. A person can therefore be in a long-term relationship or married and still not consent to a particular sexual act.
Similarly, having consented to sexual activity in the past does not automatically mean that a person has consented on another occasion.
What is the age of consent in the UK?
The age of consent to sexual activity is 16 in England and Wales.
However, this does not mean that every sexual situation involving someone aged 16 or 17 is automatically lawful. There are additional offences and legal protections relating to children and young people, including where an adult is in a position of trust or where sexual exploitation or abuse is involved.
The law also provides specific protections for children under 13, who cannot legally consent to sexual activity.
Where a situation involves a child or young person, the legal position can be particularly complex and specialist advice may be appropriate.
What is the difference between rape and sexual assault?
Rape and sexual assault are different sexual offences, although both involve the absence of consent.
In England and Wales, rape is defined by the Sexual Offences Act 2003 as intentionally penetrating another person’s vagina, anus or mouth with a penis, without consent, where the person does not reasonably believe that the other person consents.
Other offences cover different forms of sexual penetration.
For example, assault by penetration involves intentional sexual penetration of another person’s vagina or anus with a body part or anything else, without consent.
Sexual assault generally concerns intentional sexual touching without consent.
The precise offence depends on what happened and the circumstances of the incident.
What are examples of sexual assault?
Sexual assault can take different forms. Depending on the circumstances, examples may include:
- Unwanted sexual touching.
- Touching someone’s breasts, buttocks or genitals without consent.
- Sexual touching over or under clothing without consent.
- Forcing someone to touch another person’s body in a sexual way.
- Continuing sexual contact after someone has withdrawn their consent.
- Sexual touching when a person does not have the capacity to consent.
These examples are not exhaustive. Whether conduct amounts to a particular sexual offence depends on the facts and the relevant legal requirements.
Can sexual assault happen without physical injury?
Yes. A person does not need to suffer a visible physical injury for an incident to constitute sexual assault.
Sexual assault can have serious psychological consequences even where there are no obvious physical injuries.
For CICA purposes, however, the compensation available depends on the injury or consequences that meet the requirements of the Criminal Injuries Compensation Scheme.
The Scheme contains specific tariff awards for sexual assault and other injuries.
Can you claim compensation for sexual assault?
If you have experienced sexual assault, you may be able to make a claim through the Criminal Injuries Compensation Authority (CICA).
The CICA is responsible for administering the government-funded Criminal Injuries Compensation Scheme 2012, which provides compensation to eligible victims of violent crime in Great Britain.
A CICA claim is separate from the criminal investigation or prosecution.
This means that receiving compensation through CICA is not the same as bringing a civil claim against the perpetrator. CICA assesses claims according to the rules of the Scheme.
What compensation can you receive for sexual assault?
The amount of CICA compensation depends on the circumstances and the injury or injuries suffered.
The current tariff includes an award of £11,000 for sexual assault in the relevant circumstances. Other levels of compensation can apply depending on the nature and severity of the sexual offence, particularly where the victim was a child or where there are other qualifying injuries.
A victim may also potentially receive additional payments where the sexual offence directly results in certain consequences.
These can include:
- Pregnancy – £5,500
- Loss of a foetus – £5,500
- A sexually transmitted infection – £5,500 or £11,000, depending on the circumstances and whether there is permanent disability.
- HIV, Hepatitis B or Hepatitis C – £22,000, where the infection was sustained as a result of a crime of violence.
The CICA tariff is prescribed by the Scheme, so compensation is not calculated in the same way as damages in a civil personal injury claim.
What if sexual assault causes psychological injuries?
Sexual assault can have a significant impact on a person’s mental health.
A victim may experience symptoms such as anxiety, depression, trauma, sleep problems or other psychological difficulties following an assault.
The CICA Scheme recognises certain mental injuries. However, there are specific rules where a mental injury results from sexual assault.
Under the current Scheme, where a person has suffered a mental injury as a result of a sexual assault, they receive payment for either the sexual assault or the mental injury, whichever attracts the higher award. They cannot receive both awards for the same injury.
This makes it important to properly understand the evidence supporting a claim before accepting a CICA award.
Do you have to report sexual assault to the police to claim CICA compensation?
Generally, the incident must be reported to the police and the applicant must cooperate with the police investigation.
CICA will consider the circumstances of the incident and the available evidence when assessing a claim.
Reporting a sexual assault can be extremely difficult, particularly where the victim knows the person responsible or feels unable to talk about what happened.
If you are unsure whether your circumstances meet the CICA requirements, it can be helpful to seek advice about your options.
How long do you have to make a CICA claim after sexual assault?
The usual time limit for a CICA claim is two years from the date of the incident.
There can be exceptions in certain circumstances, including situations where a person could not reasonably have made a claim within the usual time limit.
The rules can be particularly important for people who experienced sexual abuse during childhood or who have only recently been able to report what happened.
If you believe you may have a claim but the incident happened more than two years ago, do not assume that you are automatically unable to claim. Specialist advice can help establish whether an exception may apply.
What evidence is needed for a sexual assault CICA claim?
CICA may require information and evidence about the incident and its consequences.
This could include:
- The date and location of the incident.
- Details of the police force involved.
- Your crime reference number.
- Medical information relating to your injuries.
- Evidence of psychological injury where relevant.
- Information about any treatment received.
- Evidence of loss of earnings where applicable.
- Information about other compensation or payments received.
When making an application, CICA asks for details including the date and location of the crime, the police force involved and the applicant’s crime reference number. It may also request medical reports and other evidence during the assessment process.
What happens after making a CICA claim?
CICA will assess the application against the requirements of the Criminal Injuries Compensation Scheme.
The process can take time. CICA states that it can take up to 12 months to contact an applicant again after acknowledging an application, depending on the information required and the circumstances of the case.
If CICA makes a decision and you disagree with it, there is a formal process for challenging the decision.
This includes:
- Requesting a review of the decision.
- Considering the review decision.
- Appealing to the First-tier Tribunal, where appropriate.
A request for a review normally needs to be made within 56 days of the date on the original decision letter. If you disagree with the review decision, an appeal to the First-tier Tribunal normally needs to be made within 90 days.
How GLP Solicitors can help
At GLP Solicitors, our specialist Criminal Injury Compensation team can advise people who have experienced sexual assault and want to understand whether they may be entitled to compensation through CICA.
We can help you understand:
- Whether you may be eligible to make a CICA claim.
- What evidence may be required.
- Which injuries or consequences may be relevant.
- How the CICA process works.
- The applicable time limits.
- What to do if CICA has refused your claim.
- Whether you may have grounds to challenge the amount of compensation offered.
We understand that discussing sexual assault can be difficult. Our role is to provide clear information and support while helping you understand your legal position.
Frequently Asked Questions
Sexual assault generally involves intentional sexual touching without the other person’s consent, where the person responsible does not reasonably believe that the other person consents. The circumstances matter, including what happened and whether the contact was sexual. Sexual assault can occur between strangers, friends, partners or spouses. Consent must be freely given, and a person must have the freedom and capacity to make that choice.
Yes. Being married or in a relationship does not mean that a person has automatically consented to sexual activity. Consent must be present for the sexual activity taking place. A person can withdraw consent at any time, including during sexual activity. If sexual contact continues without consent, it may amount to a sexual offence depending on the circumstances.
Yes. Sexual assault does not require penetration. It can involve intentional sexual touching without consent, including touching over or under clothing. Penetrative sexual offences, such as rape or assault by penetration, are separate offences with their own legal definitions. The precise offence will depend on what happened and the circumstances.
Potentially, yes. Victims of sexual assault may be eligible to claim compensation through the Criminal Injuries Compensation Authority (CICA). The CICA Scheme contains specific tariff payments for sexual assault and may provide additional compensation for certain consequences, such as pregnancy or a sexually transmitted infection. Eligibility depends on the circumstances and the requirements of the Scheme.
The amount depends on the circumstances and the injury or injuries suffered. Under the current CICA tariff, an award of £11,000 can apply to sexual assault in the relevant circumstances. Different awards can apply to other sexual offences, particularly involving children, and additional payments may be available for consequences such as pregnancy or sexually transmitted infection.
A criminal conviction is not necessarily required for a CICA claim. CICA makes its own assessment under the Criminal Injuries Compensation Scheme. However, the incident will normally need to have been reported to the police, and the applicant must generally cooperate with the investigation. A lack of conviction does not automatically mean that a CICA claim cannot succeed.
The usual time limit is two years from the date of the incident, although exceptions can apply in certain circumstances. This can be particularly important in cases involving sexual abuse during childhood or circumstances where reporting or making a claim was not reasonably possible earlier. If the incident happened more than two years ago, it is still worth seeking advice rather than assuming that you cannot claim.
If CICA rejects your claim, you may have the right to ask for the decision to be reviewed. If you remain dissatisfied following the review, you may be able to appeal to the First-tier Tribunal. The deadlines are important: a review request normally needs to be made within 56 days of the original decision, while an appeal normally needs to be made within 90 days of the review decision.