Legal issues
Key issues can include whether penetration occurred, whether it was sexual, consent under section 74, reasonable belief in consent, identity and the evidential or conclusive presumptions in sections 75 and 76.
The offence carries a maximum sentence of life imprisonment.
Evidence that matters
Evidence may include complainant accounts, interview evidence, messages, CCTV, photographs, location/travel records, witnesses, medical/forensic material and defined digital or third-party evidence.
Reasonable lines of enquiry
Reasonable enquiries may include preserving CCTV, obtaining complete communications, checking location or venue records, identifying witnesses and pursuing specific digital or third-party material tied to consent, identity or chronology.
What happens next
Assault by penetration is indictable only and proceeds in the Crown Court if charged. Pre-charge investigations may involve substantial digital, forensic and third-party enquiries.
Immediate steps
Preserve original communications, photographs, location data and other potentially relevant evidence. Identify CCTV and witnesses quickly. Do not contact the complainant contrary to bail conditions.
What should you send us?
Send the allegation, police/interview papers, bail/RUI status, next date, chronology, complete communications, CCTV/location information, witness details and forensic material.