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TI- Sexual Offences > 4.4 Sexual Offences Against Children > Flashcards

4.4 Sexual Offences Against Children Flashcards

1
Q

S9 Sexual offences act

A

A person aged 18+

He intentionally touches another person

The touching is sexual

And

The other person is under 16 and he doesn’t reasonably believe that they are 16+

Or

The other person is under 13

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2
Q

What’s the punishment for S9 sexual activity with a child

A

Pen- 14
Or
Ind 14 years
Summ 6 months

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3
Q

S10 Secual offences act

A

A person 18+

He intentionally causes or incites another to engage in activity that is sexual

And

The other is under 16 and he does reasonably believe that they are 16+

Or

The other is under 13

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4
Q

S11 of Sexual offences act

A

A person 18+

He intentionally engages in an activity which is sexual

For the purpose of gaining sexual gratification

He engages with it when B is present or a place where they can observe

Knowing/believing that B is aware or intending that B is aware

And B is under 13 or under 16 and he doesnt reasonably believe B is 16+

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5
Q

Punishment for sexual activity in front of a child

A

10 years on indictment

6 months summary

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6
Q

S12 Sexual offences act

A

A person over 18

For the purpose of sexual gratification

Intentionally causes another person to watch a third person engaging in an activity or look at an image of any person engaging in an activity

The activity is sexual

And their under 13 or under 16 and the he doesn’t reasonably believe that their 16+

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7
Q

When does sexual gratification have to take place?

A

At any point… can be in the future

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8
Q

What happens if the offender is under 18 for S9-12?

A

They are dealt with under S13

Indictable max 5 years
Summary max 6 months

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9
Q

S14 Secula offences act

A

He intentionally arranges or facilitates something that he infects to do
Or
Intends / believes another person will do
And
Doing it will involve the commission of an offence under S9-13

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10
Q

Who is excluded under arranging and facilitating?

A

Those acting for the child welfare

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11
Q

What’s included under acting for the child’s welfare?

A

Protecting them from STI
Protecting the physical safety
Preventing pregnancy
Promoting their emotional well-being by giving advice

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12
Q

S15 secual Offences act

A

A person 18+ commits and offence if

He has met/communicated with another on more than one occasion

And

He meets them intentionally/ travels with the intention of meeting them/ arranges to meet them

Or

They travel with the intention of meeting him

And
He intends to do anything to or in respect of B, during or after the meeting involving the commission of a relevant offence by him

And

They are under 16 and he does not reasonable believe they are 16+

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13
Q

Under S15- sexual grooming, does the initial meet or communication have to be sexual

A

No

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14
Q

Sexual communication with a child

S15A sexual offences

A

A person 18+

For purpose of sexual gratification

Intentionally communicates with another

The communication is sexual or is intended to encourage them to make the communication sexual

And they are under 16 and he does not reasonably believe they are 16+

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15
Q

What does sexual mean in terms of S15A

A

Any part relates to sexual activity

Or

A reason person would consider any part of the communication to be sexual

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16
Q

What age can a victim be if the defendant is in a position of trust?

A

Under 18

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17
Q

Who is in a position of trust?

A 
YOS workers
Care workers
Foster caters
NHS
Teachers
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18
Q

What is the exception to position of trust?

A

If married first then the position of trust is not relevant

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19
Q

Sexual activity with a family member?

S25 Secual offences act

A

He intentionally touches another person

The touching is sexual

They have a relationship under S27

He knows or ought to know that his relationship falls under S27

And they are UNDER 18 and reasonably believes

Or UNDER 13

20
Q

What is the relationship under S27?

A

Parent, grandparent, brother, sister, aunt, cousins or uncle

Including HALF, STEP, ADOPTIVE, FOSTER

21
Q

Exceptions to S27?

A

Their relationship pre dates the familiar relationship

22
Q

Inciting sexual activity with a child family member?

S26 Sexual offences act

A

He intentionally invites another person to touch/ allow themselves to be touched by him

The touching is sexual

Their relationship falls under S27

He knows/ought to know their relationship

And they are under 18 or he does not reasonably believe they are 18+

23
Q

Indecent photographs

S1 A and S1B Protection of Childrn act

A

To take, or permit to be taken or to make

To distribute or show

To have in his possession with a view to distribute or show

To publish or cause to be published any advertisement likely to be understood as conveying that advertiser distributed

Any indecent photographs or pseudo photographs

24
Q

What defences can be had for indecent photographs?

A

Having legitimate reason

He had not seen the photographs to know they were indecent and had no reason to suspect

25
Q

What is classes as a child under indecent images?

A

Under 18

26
Q

What is included under distributing?

A

Lending showing or offering

27
Q

Marriage and other relationships- S1A of the protection of children act.

A

Applies when indecent images are held but he and the victim were married, civil partners or lived together as partners

Child must consent

28
Q

What photos are included under 1A? What are not?

The protection of children

A

Photos of the child alone or with defendant but do not include photos of the child with someone else

29
Q

What other defence is available under S1B of the protection of children act?

A

The defendant may not be guilty if he it

Was NECESSARY to make the images for the purposes of PREVENTION DETECTION OR INVESTIGATION of crime

Or secret services or GCHQ functions

30
Q

Possession of prohibited images of children’s

S62 Coroners and Justice act

A

It is an offence for a person to possess a prohibited image of a child

31
Q

What is classed as a prohibited images?

A

Pornographic

Of a person under 18

Is GROSSLY OFFENSIVE DISGUSTING OR OTHERWISE AN OBSCENE CHARACTER

32
Q

What is classed as a prohibited photo of a child? What part of a child?

A

Child’s general or anal region

Or

Specific acts

33
Q

What acts are included in the prohibited photos of children?

A

Intercourses (including with animals)
Oral sex (including with animals)
On a child, by a child or in presence of child

Penetration of anus or vagina

34
Q

What isn’t included in the prohibited images?

A

Indecent photographs or pseudo photographs

35
Q

Paying for the sexual services of a child

S47 Sexual offences act

A

He intentionally obtained for himself the sexual services of another

Before obtaining those services he has made or promised payment for those services to the other person or a third part

Or another has made payment for them

36
Q

Payment for sexual services- does it have to be money?

A

No can also be drugs or other goods/services

37
Q

S48 of the sexual offences act?

A

Intentionally causes or invites another person to be sexually exploited in any part of the world

38
Q

S49 sexual offences act?

A

Intentionally controls any of the activities of another person relating to their sexual exploitation in any power of the world

39
Q

S50 sexual offences act?

A

Intentionally arranged or facilitates the sexual exploitation in any part of the world of another person

40
Q

For S47-50 of sexual offences act, who is classed as a child?

A

Under 18

41
Q

What is classed as sexually exploited in regards of S48-50 of sexual offences act?

A

On at least one occasion and whether or not compelled to do so, B offers or provides sexual services to another person in return for payment/ promise of payment/ payment of a third party

Or

An indecent image of B is recorded and sexual exploitation is to be interpreted acccordingly

42
Q

What notice is given to hotels if an officer RGB has been or will be used for CSE?

A

S115 of the ASB, crime and policing act 2014

43
Q

What offences are included under the S116 notice?

A 
S1-13
S16-19
S25-26
S30-41
S47 to S50 
S61
S66,67
44
Q

What’s the maximum length of time a 116 notice can be applied?

A

6 months

45
Q

S69 of serious crime act?

A

Possession. Of a paedophile manual… any item that contains advice or guidance about sexually abusing children

46
Q

Defence for S69 of serious crime act 2015?

A

Legitimate reason

Provide they hadn’t read, viewed, listened to the item so didn’t know it contained guidance

Item was sent without them requesting it and they did not keep it for an unreasonable amount of time

TI- Sexual Offences (7 decks)

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