4.4 Sexual Offences Against Children Flashcards
S9 Sexual offences act
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
What’s the punishment for S9 sexual activity with a child
Pen- 14
Or
Ind 14 years
Summ 6 months
S10 Secual offences act
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
S11 of Sexual offences act
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+
Punishment for sexual activity in front of a child
10 years on indictment
6 months summary
S12 Sexual offences act
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+
When does sexual gratification have to take place?
At any point… can be in the future
What happens if the offender is under 18 for S9-12?
They are dealt with under S13
Indictable max 5 years
Summary max 6 months
S14 Secula offences act
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
Who is excluded under arranging and facilitating?
Those acting for the child welfare
What’s included under acting for the child’s welfare?
Protecting them from STI
Protecting the physical safety
Preventing pregnancy
Promoting their emotional well-being by giving advice
S15 secual Offences act
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+
Under S15- sexual grooming, does the initial meet or communication have to be sexual
No
Sexual communication with a child
S15A sexual offences
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+
What does sexual mean in terms of S15A
Any part relates to sexual activity
Or
A reason person would consider any part of the communication to be sexual
What age can a victim be if the defendant is in a position of trust?
Under 18
Who is in a position of trust?
YOS workers Care workers Foster caters NHS Teachers
What is the exception to position of trust?
If married first then the position of trust is not relevant
Sexual activity with a family member?
S25 Secual offences act
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
What is the relationship under S27?
Parent, grandparent, brother, sister, aunt, cousins or uncle
Including HALF, STEP, ADOPTIVE, FOSTER
Exceptions to S27?
Their relationship pre dates the familiar relationship
Inciting sexual activity with a child family member?
S26 Sexual offences act
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+
Indecent photographs
S1 A and S1B Protection of Childrn act
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
What defences can be had for indecent photographs?
Having legitimate reason
He had not seen the photographs to know they were indecent and had no reason to suspect
What is classes as a child under indecent images?
Under 18
What is included under distributing?
Lending showing or offering
Marriage and other relationships- S1A of the protection of children act.
Applies when indecent images are held but he and the victim were married, civil partners or lived together as partners
Child must consent
What photos are included under 1A? What are not?
The protection of children
Photos of the child alone or with defendant but do not include photos of the child with someone else
What other defence is available under S1B of the protection of children act?
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
Possession of prohibited images of children’s
S62 Coroners and Justice act
It is an offence for a person to possess a prohibited image of a child
What is classed as a prohibited images?
Pornographic
Of a person under 18
Is GROSSLY OFFENSIVE DISGUSTING OR OTHERWISE AN OBSCENE CHARACTER
What is classed as a prohibited photo of a child? What part of a child?
Child’s general or anal region
Or
Specific acts
What acts are included in the prohibited photos of children?
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
What isn’t included in the prohibited images?
Indecent photographs or pseudo photographs
Paying for the sexual services of a child
S47 Sexual offences act
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
Payment for sexual services- does it have to be money?
No can also be drugs or other goods/services
S48 of the sexual offences act?
Intentionally causes or invites another person to be sexually exploited in any part of the world
S49 sexual offences act?
Intentionally controls any of the activities of another person relating to their sexual exploitation in any power of the world
S50 sexual offences act?
Intentionally arranged or facilitates the sexual exploitation in any part of the world of another person
For S47-50 of sexual offences act, who is classed as a child?
Under 18
What is classed as sexually exploited in regards of S48-50 of sexual offences act?
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
What notice is given to hotels if an officer RGB has been or will be used for CSE?
S115 of the ASB, crime and policing act 2014
What offences are included under the S116 notice?
S1-13 S16-19 S25-26 S30-41 S47 to S50 S61 S66,67
What’s the maximum length of time a 116 notice can be applied?
6 months
S69 of serious crime act?
Possession. Of a paedophile manual… any item that contains advice or guidance about sexually abusing children
Defence for S69 of serious crime act 2015?
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
