Lecture 10 Sexual Offences Flashcards
What makes it a SEXUAL OFFENCE?
- Sexual in Nature (Section 78)
- Lack of Consent (Section 74, 75 + 76)
- Against the LAW
Explain Sexual in Nature (Section 78 Sexual Offences Act 2003)?
Penetration, touching or any other activity is sexual if a reasonable person would consider that —
(a) whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual,
or
(b) because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.
Explain different sections of Lack of Consent (Sexual Offences Act 2003)?
Section 74- Definition Freedom and Capacity
Section 75- Evidential presumption about consent
Section 76- Conclusive presumptions about consent
Give an overview of Sexual Offences Act 2003?
Sexual Offences Act 2003
Section 1- Rape
Section 2- Assault by penetration
Section 3- Sexual Assault
Section 4- Causing sexual activity without consent
Section 5-8- Offences against children under 13
Define Section 1 Rape?
A person (A) commits an offence if—
a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,
b) B does not consent to the penetration, and
c) A does not reasonably believe that B consents.
- No consent and no reasonable belief of consent
- Indictable only- carries life imprisonment
- Penetration must be committed by a real flesh and blood penis
- Penetration of mouth, anus or vagina
Define Section 2- Assault by penetration?
- No consent and no reasonable belief of consent
- Indictable only- carries life imprisonment
- Penetration of anus or vagina
Define Section 3- Sexual Assault?
A person (A) commits an offence if—
a) he intentionally touches another person (B),
b) the touching is sexual,
c) B does not consent to the touching, and
d) A does not reasonably believe that B consents.
- Maximum prison sentence, 10 years on indictment
Define Section 4- Causing a person to engage in sexual activity without consent?
A person (A) commits an offence if—
a) he intentionally causes another person (B) to engage in an activity,
b) the activity is sexual,
c) B does not consent to engaging in the activity, and
d) A does not reasonably believe that B consents.
- Maximum life sentence
- Maximum without penetration is 10 years imprisonment
Can a 13 year old child consent to sex?
Under 13 Cannot Consent
Section 1-4 + Victim Under 13 = Section 5-8
Explain some other offences under Sexual Offences Act 2003?
Other Offences Section 61 Administering a substance with intent Section 62 Committing an offence with intent to commit a sexual offence Section 63 Trespass with intent to commit a sexual offence Section 66 Exposure Section 67 Voyeurism
Explain Outraging Public Decency (Common Law Offence)?
- An act which is lewd, obscene or disgusting
- Outrages minimum standards of public decency
- In a public place, or within view of the public
- Two or more persons who are capable of seeing it – it is irrelevant whether these people actually saw the act or were outraged by it.
Initial response by a first responder to a sexual offence?
- Be non-judgemental in your attitude
- Obtain initial disclosure – Verbatim if possible (I.e. 999 call)
- Take an Early Evidence kit with you
- Early contact with Investigative Officers.
- Utilise for majority of reported offences CID 40
- Ensure victims Medical and Welfare needs are met.
- Take a First Account from Victim
- Assess the Scene including victim location (s) and Suspect.
- Preserve Forensic evidence from witness using an EEK
- Identify any witnesses or methods or tracing witnesses. (CCTV)
- Keep accurate records of anyone victim has told about offence, any vehicle used to transport victim, words spoken and demeanour of the victim.
Define Section 33 Criminal Justice and Courts Act 2015
Disclosing Private Sexual Images with Intent to cause distress (Revenge Porn)?
(1) It is an offence for a person to disclose a private sexual photograph or film if the disclosure is made—
(a) without the consent of an individual who appears in the photograph or film, and
(b) with the intention of causing that individual distress.
(2) But it is not an offence under this section for the person to disclose the photograph or film to the individual mentioned in subsection (1)(a) and (b).
Explain defences for Section 33 Criminal Justice and Courts Act 2015
Disclosing Private Sexual Images with Intent to cause distress (Revenge Porn)?
Defences
(3) It is a defence for a person charged with an offence under this section to prove that he or she reasonably believed that the disclosure was necessary for the purposes of preventing, detecting or investigating crime.
(4) It is a defence for a person charged with an offence under this section to show that—
(a) the disclosure was made in the course of, or with a view to, the publication of journalistic material, and
(b) he or she reasonably believed that, in the particular circumstances, the publication of the journalistic material was, or would be, in the public interest.
(5) It is a defence for a person charged with an offence under this section to show that—
(a) he or she reasonably believed that the photograph or film had previously been disclosed for reward, whether by the individual mentioned in subsection (1)(a) and (b) or another person, and
(b) he or she had no reason to believe that the previous disclosure for reward was made without the consent of the individual mentioned in subsection (1)(a) and (b).
(6) A person is taken to have shown the matters mentioned in subsection (4) or (5) if—
(a) sufficient evidence of the matters is adduced to raise an issue with respect to it, and
(b) the contrary is not proved beyond reasonable doubt.
(7) For the purposes of subsections (1) to (5)—
(a) “consent” to a disclosure includes general consent covering the disclosure, as well as consent to the particular disclosure, and
(b) “publication” of journalistic material means disclosure to the public at large or to a section of the public.
(8) A person charged with an offence under this section is not to be taken to have disclosed a photograph or film with the intention of causing distress merely because that was a natural and probable consequence of the disclosure.
(9) A person guilty of an offence under this section is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both), and
(b) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine (or both).
(10) Schedule 8 makes special provision in connection with the operation of this section in relation to persons providing information society services.
(11) In relation to an offence committed before section 154(1) of the Criminal Justice Act 2003 comes into force, the reference in subsection (9)(b) to 12 months is to be read as a reference to 6 months.
(12) In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (9)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.
