Child Sexual Offences Flashcards
Which act covers child sexual offences?
Sexual Offences Act 2003
Which sections of this act covers offences involving children under 13 years old?
Sections 5-8
Explain what is section 5 of the SOA 2003?
Rape of a Child under 13
Define S5 Sexual Offences Act 2003
A person commits the offence if:
He intentionally penetrates the vagina, anus, or mouth of another person with his penis, AND the person is under 13.
What is S6 SOA 2003?
Sexual Assault of a Child Under 13 by Penetration
Define S6 SOA 2003
A person commits the offence if he intentionally penetrates the vagina or anus of another person with a part of his body or anything else AND the penetration is sexual AND the person is under 13.
What is S7 SOA 2003
Sexual Assault of a Child Under 13 by Touching
Define S7 SOA 2003
A person commits an offence if he intentionally touches another person AND the touching is sexual AND the person is under 13.
What is S8 SOA 2003?
Causing or Inciting a Child Under 13 to Engage in Sexual Activity.
Define S8 SOA 2003.
A person commits an offence if he intentionally causes or incites another to engage in sexual activity AND the person is under 13.
What offences are covered under sections 9-12 of the Sexual Offences Act 2003?
Offences involving children age 13-16.
What is S9 SOA 2003?
Sexual Activity with a Child
Define S9(1) SOA 2003
A person aged 18 or over [a] commits an offence if he intentionally touches another person [b] and the touching is sexual AND either [b] is under 16 and [a] does not reasonably believe that [b] is 16 or over OR [b] is under 13.
What is S9(1) SOA 2003?
Sexual Touching
What is S9(2) SOA 2003?
Sexual Penetration with a Child.
Define S9(2) SOA 2003.
A person over the age of 18 is guilty of an offence under this section if the touching involved:
penetration of [b]s anus or vagina with a part of [a]s body or anything else.
penetration of [b]s mouth with [a]s penis.
penetration of [a]s anus or vagina with a part of [b]s body OR
penetration of [a]s mouth with [b]s penis.
Summarise what S9 of the SOA 2003 covers.
S9 SOA 2003 makes it an offence for a person 18 or over to intentionally engage in sexual touching of children under 16 years old.
What is S10 SOA 2003?
Causing or Inciting a Child to Engage in Sexual Activity (13-16 years)
Define S10(1) SOA 2003.
A person 18 or over [a] commits an offence if he intentionally causes or incites another person [b] to engage in an activity and the activity is sexual.
AND either
[b] is under 16 and [a] does not reasonably believe that [b] is 16 or over.
OR
[b] is under 13.
Define S10(2) SOA 2003
A person commits the offence under this section if the activity caused or incited involved:
- Penetration of [b]s anus or vagina.
- Penetration of [b]s mouth with a person’s penis.
- Penetration of a person’s anus or vagina with a part of [b]s body or by [b] with anything else.
- Penetration of a person’s mouth with [b]s penis.
Summarise S10 SOA 2003.
This section makes it an offence for a person aged 18 or over to intentionally cause, encourage or assist a child aged under 16 to engage in sexual activity.
What can any person under 13 not give?
Consent
What is the legal age to consent to sex in the UK?
16
What is S11 SOA 2003?
Engaging in Sexual Activity in the Presence of Children
Define S11(1) SOA 2003
A person aged 18 or over [a] commits an offence if he intentionally engages in an activity and the activity is sexual and for the purpose of obtaining sexual gratification, he engages in it.
AND
When another person [b] is present or is in a place from which [a] can be observed.
OR
Knowing or believing that [b] is aware or is intending that [b] should be aware that he is engaging in it.
AND
[b] is under 16 and [a] does not reasonably believe that [b] is 16 or over
OR
[b] is under 13.
Summarise S11 SOA 2003.
Makes it an offence for a person aged 18 or over to intentionally engage in sexual activity in order to gain sexual gratification when a child under 16 is present or in a place from which the defendant can be observed.
What is S12(1) SOA 2003
Causing a child to Watch Sexual Activity.
Define S12(1) SOA 2003
A person aged 18 or over [a] commits an offence if:
* For the purpose of obtaining sexual gratification, he intentionally causes another [b] to watch a third person engaging in an activity or to look at an image of any person engaging in an activity.
* The activity is sexual
And either
* [b] is under 16 and [a] does not reasonably believe that [b] is 16 or over or
[b] is under 13
Summarise S12 SOA 2003
Makes it an offence for a person to intentionally cause a child under 16 for the purpose of sexual gratification of themselves to watch a third person engaging in sexual activity or look at an image of a person engaging in sexual activity.
