Children, Young People and Sexual Offences

Question 1

Where a person aged 10 or over engages in sexual activity with another child, and the activities are clearly non-consensual, which of the offences in the Sexual Offences Act 2003 could be employed?

Answer 1

ANY - ss 1-4?

Question 2

Where an adult engages in sexual conduct with a child under the age of 13, there are offences of rape, assault by penetration, sexual assault and causing or inciting sexual activity, that do not rely upon what…?

Answer 2

Proof of lack of consent (ss 5-8 of the Sexual Offences Act 2003).

These offences are of strict liability due to the age of the child.

Question 3

In many ways the offences covered by s 5-8 mirror that of s 1-4 of the Sexual Offences Act 2003, apart from what…?

Answer 3

The requirement to prove the age of the child, the irrelevance of consent and the addition of the erm ‘incitement’ in s 8 to criminalise conduct aimed at encourage children under 13 to engage in sexual activity.

Question 4

What do s 9-12 of the Sexual Offences Act 2003 cover?

Answer 4

Circumstances where an adult (18+) engages in sexual activity with a child between 13-16.

These sections create a series of further offences designed to criminalise such conduct.

No need to prove consent.

In some cases, adult might be able to use defence of reasonable belief that the child was 16 or over.

Question 5

Section 13 of the Sexual Offences Act 2003 makes it possible for what?

Answer 5

Those under the age of 16 to be guilty of sexual offences under ss 9-12.

However, providing there is true agreement (and no coercion) a prosecution is not always considered in the public interest.

Children charged with these offences would be subject to a lower maximum sentence of 5 years imprisonment.

Question 6

Rape of a child under the age of 13 is an offence under what section of the Sexual Offences Act 2003?

Answer 6

s 5

Question 7

Sexual Offences Act 2003

5 Rape of a child under 13

(1)A person commits an offence if—

Answer 7

(a) he intentionally penetrates the vagina, anus or mouth of another person with his penis, and
(b) the other person is under 13.

Sexual organs can have been constructed through surgery and penetration is a continuous act from entry to withdrawal.

Defendant cannot contend he thought they were over 16.

Question 8

Sexual assault by penetration of a child under 13 years is an offence under what section of the Sexual Offences Act 2003?

Answer 8

s 6

Question 9

Sexual Offences Act 2003

6 Assault of a child under 13 by penetration

(1) A person commits an offence if—

Answer 9

(a) he intentionally penetrates the vagina or anus of another person with a part of his body or anything else,
(b) the penetration is sexual, and
(c) the other person is under 13.

Question 10

Sexual Offences Act 2003

6 Assault of a child under 13 by penetration

Penalty

Answer 10

This offence is triable on indictment only and the maximum penalty is life imprisonment.

Question 11

Sexual assault of a child under 13 years without penetration is an offence under what section of the Sexual Offences Act 2003?

Answer 11

s 7

Question 12

Sexual Offences Act 2003

7 Sexual assault of a child under 13 without penetration

(1) A person commits an offence if—

Answer 12

(a) he intentionally touches another person,
(b) the touching is sexual, and
(c) the other person is under 13.

Question 13

Sexual Offences Act 2003

7 Sexual assault of a child under 13 without penetration

Penalty

Answer 13

Triable either way and the penalty is 6 months imprisonment and/or a fine if tried summarily and 14 years imprisonment on indictment.

Question 14

It is an offence under what section of the Sexual Offences Act 2003 for a person (male or female) to intentionally touch a child in a sexual manner?

Answer 14

s 9

Question 15

Sexual Offences Act 2003

9 Sexual activity with a child

(1) A person aged 18 or over (A) commits an offence if—

Answer 15

(a) he intentionally touches another person (B),
(b) the touching is sexual, and
(c) either—
(i) B is under 16 (proof of age required) and A does not reasonably believe that B is 16 or over, or
(ii) B is under 13 (no defence available)

Question 16

Sexual Offences Act 2003

9 Sexual activity with a child (assault with no penetration)

Defences

Answer 16

The accused will have a defence if he/she reasonably believed the victim was aged 16 or over.

Question 17

Sexual Offences Act 2003

9(1) Sexual activity with a child (assault with no penetration)

Penalty

Answer 17

Triable either way and the penalty is 6 months imprisonment and/or a fine if tried summarily and 14 years imprisonment on indictment.

Question 18

Sexual Offences Act 2003

9(2) Sexual activity with a child

A person guilty of an offence under this section, if the touching involved—

Answer 18

(a) penetration of B’s anus or vagina with a part of A’s body or anything else,
(b) penetration of B’s mouth with A’s penis,
(c) penetration of A’s anus or vagina with a part of B’s body, or
(d) penetration of A’s mouth with B’s penis,

is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years

Question 19

It is an offence under what section of the Sexual Offences Act 2003 causing or inciting a child under 13 to engage in sexual activity?

Answer 19

s8

Question 20

Sexual Offences Act 2003

8 Causing or inciting a child under 13 to engage in sexual activity

(1) A person commits an offence if—

Answer 20

(a) he intentionally causes or incites another person (B) to engage in an activity,
(b) the activity is sexual, and
(c) B is under 13.

…can be committed by a man or a woman, can involve the child acting alone or with another person, incitement alone can lead to an offence.

…Penalty is triable either way, 6 months imprisonment and/ or a fine if tried summarily. 14 years imprisonment on indictment

Question 21

Sexual Offences Act 2003

8 Causing or inciting a child under 13 to engage in sexual activity

(2) A person guilty of an offence under this section, if the activity caused or incited involved—

Answer 21

(a) penetration of B’s anus or vagina,
(b) penetration of B’s mouth with a person’s penis,
(c) penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or
(d) penetration of a person’s mouth with B’s penis,

…is liable, on conviction on indictment, to imprisonment for life.

Question 22

Sexual Offences Act 2003

8 Causing or inciting a child under 13 to engage in sexual activity

If with no penetration then section…

If with penetration then section…

Answer 22

s8(1)

s8(2)

Question 23

It is an offence under what section of the Sexual Offences Act 2003 causing or inciting a child under 16 to engage in sexual activity?

Answer 23

s10

Question 24

Sexual Offences Act 2003

10 Causing or inciting a child under 16 to engage in sexual activity

(1) A person aged 18 or over (A) commits an offence if—

Answer 24

(a) he intentionally causes or incites another person (B) to engage in an activity,
(b) the activity is sexual, and
(c) either—
(i) B is under 16 and A does not reasonably believe that B is 16 or over, or
(ii) B is under 13.

…Penalty is triable either way, 6 months imprisonment and/ or a fine if tried summarily. 14 years imprisonment on indictment

Question 25

Sexual Offences Act 2003

10 Causing or inciting a child under 16 to engage in sexual activity

(2) A person guilty of an offence under this section, if the activity caused or incited involved—

Answer 25

(a) penetration of B’s anus or vagina,
(b) penetration of B’s mouth with a person’s penis,
(c) penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or
(d) penetration of a person’s mouth with B’s penis,

…is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.

Question 26

Sexual Offences Act 2003

10 Causing or inciting a child under 16 to engage in sexual activity

If with no penetration then section…

If with penetration then section…

Answer 26

s10(1)

s10(2)

Question 27

There are two offences under the Sexual Offences Act 2003 where the offender causes a child to witness sexual acts. What are they?

Answer 27

Where the offender commits the sexual acts him/herself (s11)

Where other people commit the acts (s 12)

Question 28

Sexual Offences Act 2003

11 Engaging in sexual activity in the presence of a child

(1) A person aged 18 or over (A) commits an offence if—

Answer 28

(a) he intentionally engages in an activity,
(b) the activity is sexual,
(c) for the purpose of obtaining sexual gratification, he engages in it—
(i) when another person (B) is present or is in a place from which A can be observed, and
(ii) knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it, and
(d) either—
(i) B is under 16 and A does not reasonably believe that B is 16 or over, or
(ii) B is under 13.

Question 29

Sexual Offences Act 2003

11 Engaging in sexual activity in the presence of a child

A person guilty of an offence under this section is liable—

Answer 29

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.

Question 30

Sexual Offences Act 2003

12 Causing a child to watch a sexual act

(1) A person aged 18 or over (A) commits an offence if—

Answer 30

(a) for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,
(b) the activity is sexual, and
(c) either—
(i) B is under 16 and A does not reasonably believe that B is 16 or over, or
(ii) B is under 13.

Question 31

Sexual Offences Act 2003

12 Causing a child to watch a sexual act

A person guilty of an offence under this section is liable—

Answer 31

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.

Question 32

It is an offence under what section of the Sexual Offences Act 2003 for a person of 18 years of age to communicate with a person under the age of 16 years if the communication is for the purpose of sexual gratification for the sender?

Answer 32

Under s 15A of the Sexual Offences Act 2003

Question 33

Sexual Offences Act 2003

15A Sexual Grooming (communication with a minor without intention to meet up)

(1) A person aged 18 or over commits an offence if—

Answer 33

they communicate with a person under the age of 16 years if the communication is for the purpose of sexual gratification for the sender.

Communication must be sexual or be made with the intention of encouraging the recipient to make a sexual communication.

Question 34

Sexual Offences Act 2003

15A Sexual Grooming (communication with a minor without intention to meet up)

A person guilty of an offence under this section is liable—

Answer 34

on maximum penalty on indictment of 2 years imprisonment.

This offence importantly fills the gap of sexualised communication with a child with no intention of meeting up (not previously a criminal offence).

Question 35

Sexual Offences Act 2003

15 Meeting a child following sexual grooming etc

(1) A person aged 18 or over (A) commits an offence if—

Answer 35

(a) A has met or communicated with another person (B) [on one or more occasions] and subsequently—

(i) A intentionally meets B,
(ii) A travels with the intention of meeting B in any part of the world or arranges to meet B in any part of the world, or
(iii) B travels with the intention of meeting A in any part of the world,

(b) A intends to do anything to or in respect of B, during or after the meeting mentioned in paragraph (a)(i) to (iii) and in any part of the world, which if done will involve the commission by A of a relevant offence,]
(c) B is under 16, and
(d) A does not reasonably believe that B is 16 or over.

Question 36

Sexual Offences Act 2003

15 Meeting a child following sexual grooming etc

How old must the offender and victim be?

Answer 36

This offence cannot be committed by a person less than 18 years old!?

Victim must be under 16. However, if the suspect reasonably believed the ‘victim’ was 16 years or over, then A has not committed the offence.

Question 37

Sexual Offences Act 2003

15 Meeting a child following sexual grooming etc

Need the initial communication be sexualised?

Answer 37

No - for example it could seem to be about attending a sporting event. The contact can be by any means, and includes meeting up, a letter, an email, messages on social media and SMS texts.

Question 38

Sexual Offences Act 2003

15 Meeting a child following sexual grooming etc

What is used to try and prevent online sexual approaches to children under 16?

Answer 38

A Sexual Risk Order (SRO) can be used if it is feared that the person intends to meet a child and commit sexual abuse.

Question 39

Child sexual exploitation (CSE) occurs when?

Answer 39

Whenever a child under 18 years of age engages in sexual acts for a reward such as drugs, alcohol, food, accommodation, treats, money, gifts or even simply some attention from a particular person.

Can be carried out by the young person on another person, or on the young person by another person.

Question 40

What are ‘hotel notices’?

Answer 40

These can be used to help investigate organised groups involved in child sexual exploitation.

Under the Anti-social Behaviour, Crime and Policing Act 2014 the police can require the owner, operator or manager of a hotel or B&B to provide information about their guests (including name, address and age).

Failure to comply with the notice without a reasonable excuse, or giving information without taking reasonable steps to verify it, or knowing that it is incorrect, are criminal offences under s 118 of the Anti-social Behaviour, Crime and Policing Act 2014, punishable with a fine of up to £2,500.

Question 41

Section 5 SOA 2003 - Rape of a child under 13.

Answer 41

In law, a child under the age of 13 cannot consent to sexual activity. This means the issue of consent is irrelevant, whether the child appears to have agreed to have sex or not. A defendant cannot use the defence that he believed the victim was over 16 in cases where the child was under 13.

Question 42

Assault by penetration is committed when a person (A) penetrates another person’s (B) vagina or anus with a part of their body or any other object, without B’s consent and A does not reasonably believe that B consents. (Section 2 SOA 2003)

As for rape, penetration includes the following points:

Answer 42

Vagina includes those which are surgically reconstructed.
Vagina includes vulva.
The slightest amount of penetration is still penetration.
It is a continuous act.

• S2 does not include mouth, for example, if someone forces a cucumber into someone’s mouth it would not be considered assault by penetration and therefore would not be covered by this section.
• The victim, B, does not need to know what they were penetrated with. If rape cannot be proved because B could not for certain know if they were penetrated with a penis (e.g. they were blindfolded), this offence could also be considered.

Question 43

What are some key differences between rape and penetration?

Answer 43

Rape

Penetration with: Penis
Penetration into: Mouth, vagina or anus
Committed by: Male

Penetration

Penetration with: Any other part of body/any object
Penetration into: Vagina or anus
Committed by: Anyone

Question 44

Causing another person to engage in sexual activity without their consent (Section 4 SOA 2003)

The offender does not necessarily have to be physically involved in the offence, and the offence can be committed by a man or a woman. It is best described by providing some examples (not a complete list!):

Answer 44

• A causes B to perform a sexual act on themselves, e.g. masturbation,
• A causes B to engage in sexual activity with the perpetrator e.g. a woman forces a man to penetrate her with his penis (or any other body part) without his consent,
• A causes B or more than one person to engage in sexual activity with a person or more than one person, e.g. two victims are forced to perform sexual acts on each other by A, or A restrains B while a sexual act is performed on B by a third party who is also an abuser.