Sexual assault by penetration is the intentional or reckless penetration of B’s vagina or anus by A (using a part of A’s body, or anything else), without B’s consent or any reasonable belief in B’s consent, for sexual gratification.
The offence of sexual assault by penetration is set out in s2 of the Sexual Offences (Scotland) Act 2009:
“Consent” & “Reasonable Belief”
“Consent” and “Reasonable belief” have the same meaning as they do with the offence of rape.
Section 50(1)(a) of the 2009 Act allows for an accused person to be convicted of an alternative crime, if “the jury are not satisfied that the accused committed the offence charged but are satisfied that the accused committed the alternative offence (or as the case may be one of the alternative offences)”.
In the case of sexual assault by penetration, the alternatives are as follows: