Further Sexual Offences Flashcards
Define the offence of Outraging Public Decency under Common Law.
It is an offence to commit an act of a lewd, obscene
& disgusting nature, which is capable of outraging
public decency in a public place where at least two
members of the public could have witnessed it.
Define the offences of Exposure and Voyeurism as contained in S66 of the SOA 2003.
Exposure:
A person intentionally exposes their genitals
AND
they intend that someone will see them & be caused alarm or distress
Voyeurism:
A person observes another doing a private act for the purpose of obtaining sexual gratification & they know that the other person does not consent to being observed for their sexual gratification
Describe an offence under S63 of the SOA 2003.
A person commits an offence of trespass with
intent to commit a sexual offence if:
They are a trespasser on any premises
Trespass with intent to commit a sexual offence:
They intend to commit a relevant sexual offence on the premises, &
They know that, or are reckless as to whether they
are a trespasser
Identify the offence of Sexual Activity in a Public Toilet under S71 of the SOA 2003.
Section 71 of the Sexual Offences Act 2003 makes it an offence for a person to engage in sexual activity in a public lavatory.
Define S33 of the Criminal Justice and Courts Act 2015.
Disclosing private sexual photographs and films with intent to cause distress:
A person commits an offence if :-
The person discloses, or threatens to disclose a private sexual photograph or film in which another appears
By doing so, the person intends to cause distress to
that individual, &
The disclosure is, or would be made without the consent of the individual
Identify the offence of Possession of Extreme Pornographic Images including potential defences under S63-67 of the Criminal Justice and Immigration Act 2008.
Under Section 63-67 of the Criminal Justice and Immigration Act 2008 there are three elements to the offence of possessions of extreme pornographic
images. An image must come within the terms of all three elements before an offence is committed. Those elements are:
- the image is extreme pornographic
- the image is grossly offensive, disgusting, or otherwise of an obscene character, and
- the image portrays in an explicit and realistic way, one of the following extreme acts:
* an act which threatens a person’s life
* an act which results in or is likely to result in serious injury to a person’s anus, breast or genitals
* an act involving sexual interference with a human corpse
* a person performing an act of intercourse or oral sex with an animal
(whether dead or alive)
and a reasonable person looking at the image would think that the people and animals portrayed were real.
Explain the term Obscene
Means morally repugnant
Explain the term Disgusting
Means repugnant or loathsome
Explain the term Outrage
The exposure of naked body parts must go beyond acceptable limits of decency and be likely to substantially offend a reasonable person.
Describe a private act
A person is doing a private act if they are in a place which, in the circumstances would reasonably be expected to provide privacy AND….
- A person’s genitals, buttocks or breasts are exposed or only covered with underwear
- The person is using a lavatory
- The person is doing a sexual act that is not of a kind ordinarily done in public
Describe Section 67(2,3 and 4) Sexual Offences Act 2003
Section 67(2)
* Operates equipment with the intention of enabling another person to observe, for sexual gratification, a
3rd person doing a private act and he knows that the other person does not consent to his operating equipment with that intention
Section 67(3)
* Records another person doing a private act & does so with the intention that he or a 3rd person will look at an image of B doing that act for sexual gratification. He knows that B does not consent to his recording the act with that intention
Section 67(4)
* Install equipment or adapts a structure or part of a structure with the intention of enabling himself or
another to commit an offence under subsection (1)
Describe Voyeurism Offences Act 2019 – S67(A) SOA 20023
A person (A) commits an offence if
(a) A operates equipment beneath the clothing of another person (B),
(b) A does so with the intention of enabling A or another person (C), for a purpose mentioned in subsection 3 to observe
(i) B’s genital’s or buttocks (whether exposed or covered in underwear) or
(ii) The underwear covering B’s genitals or buttocks, in circumstances where the genitals, buttocks or underwear would not otherwise be visible, &
(c) A does so
(i) without B’s consent, &
(ii) Without reasonably believing that B consents
Explain the defences to possession of extreme pornography
Section 65 of the Criminal Justice and Immigration Act 2008 sets out a series of defences to the offence of possession of extreme pornographic images.
65(1) Where a person is charged with an offence under section 63 it is a defence for the person to prove the matters are:
(a) that the person had a legitimate reason for being in possession of the image concerned;
(b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an extreme pornographic image;
(c) that the person -
(i) was sent the image concerned without any prior request having been made by or on behalf of the person, and
(ii) did not keep it for an unreasonable time.
Section 66 of the Criminal Justice and Immigration Act 2008 creates an additional defence for those who participate in the creation of extreme pornographic images.It is a defence for the defendant to prove -
(a) that he directly participated in the act or any of the acts portrayed, and
(b) that the act or acts did not involve the infliction of any non-consensual harm on any person, and
(c) if the image portrays an act within section 63(7)(c), that what is portrayed as a human corpse was not in fact a corpse, and
(d) if the image portrays an act within section 63(7A), that what is portrayed as nonconsensual penetration was in fact consensual.
