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Section 78: “Sexual”

Sexual Offences Act 2003 (2003 c. 42)

For the purposes of this Part (except sections 15A , 66B to 66D and 71 ), penetration, touching or any other activity is sexual if a reasonable person would consider that—

(a) whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual, or

(b) because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.

Reproduced from legislation.gov.uk as captured on 2026-08-27. Statute is amended over time — check the source below for the version in force. This is a reference, not legal advice.
View s.78 on legislation.gov.uk

Where this section is applied on BlueLineHub

Officer reference cards that cite this provision.

Offence cards

s.76 Conclusive presumptions about consents.79 Part 1: general interpretation

Source: legislation.gov.uk, Crown copyright, Open Government Licence v3.0.