All non-consensual sexual penetration is dealt with by specific serious offences, including those that can be committed by a man or a woman. For example, the offence of assault by penetration carries the same maximum penalty as rape.

The sentences available under the Act for all sexual offences are significant and reflect the seriousness of the offending.

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.

It is true that “rape” under Section 1 of the Sexual Offences Act 2003 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.

We therefore have no plans to amend the legal definition of rape in the Sexual Offences Act 2003 as suggested by this e-petition.

Ministry of Justice