Module 5 Flashcards
Domestic Abuse
Behaviour of person A towards another person B is domestic abuse if A and B are each aged 16 or over and are personally connected to each other and the behaviour is abusive
Domestic Abuse Legislation
Domestic Abuse Act 2021
Domestic Abuse
• They are or have ever been married
• They are or have ever been civil partnership
• They are in an intimate relationship ( can include a one night stand )
• They have a parental relationship in relation to the same child
• They are relatives
• They are or have previously agreed to be engaged
Serious Crime Act ( Section 75 A) (1)
A person commits an offence if A intentionally strangles another person or A does any other act to that affects B’s ability to breathe or constitutes battery of B
Serious Crime Act 2015 ( Section 75 A2)
It is a defence to an offence under this section for A to show that B consented to the strangulation or other act
Serious Crime Act 2015 ( Section 75 A3)
Subsection does not apply if B suffers serious harm as a result of the strangulation or other act
A either
• intended to cause B serious harm or
• was reckless as to whether B would suffer serious harm
Serious Crime Act 2015 ( Section 76)
A range of acts designed to make a person subordinate and or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour
Serious Crime Act 2015 ( Section 76) (A)
It causes the victim to fear on at least 2 occasions that violence will be used against them
Serious Crime Act 2015 (Section 76B)
It causes the victim serious alarm or distress which has a substantial adverse effect on their day to day activities
Coercive control
A person commits an offence if A repeatedly or continuously engages in behaviour towards another that is coercive and controlling and at the time of the behaviour are personally connected the behaviour has a serious effect on and knows or ought to know that behaviour will have a serious effect on B
FGM Act 2003 (Section 1)
Exercises, infibulates or otherwise mutilated the whole or any part of a girls labia, majora, minora or clitoris
FGM Act 2003 (Section 2)
Aids, Abets, counsels or procured the above
FGM Act 2003 (Section 3)
Aids, abets, counsels or procures a person who is not a UK national or residents
FGM Act 2003 (Section 3A)
If a genital mutilation offence is committed against a girl under 16 each person who is responsible for the girl at the relevant time is guilty of an offence
FGM Act 2003 (Section 4)
If the offences outlined in S1-3A are carried out outside of the UK by a UK national or resident, even in counties where the practice is legal then the offence may be treated as having being committed in England, Wales and NI
FGM Act 2003 (Exemptions)
A surgical operation on a girl which is necessary for her physical or mental health of who is any stage of labour, or has just given birth for the purposes connected with the labour or birth
Child Abduction Warning Notice S2
If the child is under 16 years old
Child Abduction Warning Notice S49
If the child is under 18 years and in local authority care
Modern Slavery Act 2015 ( Section 1)
A person commits the offence if the person holds another person in salary, or servitude and the circumstances are such that the person knows or ought to know that the other person is held in servitude or the person requires another person ti perform forced or compulsory labour
Modern Slavery Act 2015 (Section 2)
A person commits an offence if the person arranges or facilitates the travel of another with a view to being exploited
- it is irrelevant whether V consents to the travel
- a person may in particular arrange or facilitate travel by recruiting, transporting, transferring, harbouring, receiving, transferring or exchange control
- a person arranges or facilitates travels with a view to being exploited in any part of the world during or after travel of person knows they are likely to be exploited
Sexual offences Act 2003
Sexual = penetration, touching or any other activity is sexual if a reasonable person would consider that whatever its circumstances or any persons purpose in relation to it is because of its nature sexual, or because of its nature it may be sexual depending on the circumstances or the intention of any person in relation to it is sexual
Sexual offences Act 2003 (Section 1)
Rape = a person commits rape if HE intentionally penetrates the vagina including vulva, anus or mouth of another person with HIS penis and does not consent to the penetration and does not reasonably believe that B consents
Sexual offences Act 2003 (Section 2)
Sexual Assault by Penetration = a person commits an offence if he or she intentionally penetrates the vagina or ants of another person with a part of his body or anything else and the penetration is sexual if B does not consent to the penetration and A does not reasonably believe that B consents
Sexual offences Act 2003 ( Section 3)
Sexual Assault by Touching = a person commits and offence if they intentionally touch another person, if they touching is sexual, does not consent to the touching and does not reasonably believe that B consents
Sexual offences Act 2003 (Section 4)
Causing sexual activity without consent = it is an offence for A to intentionally cause another person to engage in sexual activity and does not consent and does not reasonably believe that B consents
Sexual offences Act 2003 (Section 5)
Rape of a child under 13 = a person commits and offence if he intentionally penetrates the vagina, anus or mouth of another with his penis and the person is under 13 years old
Sexual offences Act 2003 (Section 6)
Sexual assault of a child under 13 penetration = a person commits an offence if he intentionally penetrates the vagina, anus of another person with part of his body or anything else, the penetration is sexual and the person is under 13 years old
Sexual offences Act 2003 (Section 7)
Sexual Assault of a child under 13 by touching = a person commits an offence if he intentionally touches another person, the touching is sexual and the person is under 13 years old
Sexual offences Act 2003 ( Section 8)
Causing or inciting a child under 13 to engage in sexual activity = a person commits an offence if he intentionally causes or incites another to engage in a sexual activity and the child is under 13 years old
Sexual offences Act 2003 (Section 9)
Sexual Activity with a child = a person aged 18 or over commits an offence if he intentionally touches another person, the touching is sexual and either B is under 16 and does not believe that B is under 13
A person is guilty of an offence under this section of the touching involved penetration of B’s anus, vagina with a part of A’s body or anything else
Sexual Offences Act 2003 (Section 10)
1) a person aged 18 or over commits an offence if he intentionally causes or incites another person to engage 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
Sexual Offences Act 2003 (Section 10)
2) A person is guilty of an offence under this section if the activity caused or incited involved penetration of B’s anus and vagina. Penetration of B’s mouth with person’s penis. Penetration of a persons anus or vagina with a part of B’s body, or by B’s with anything else. Penetration of a persons mouth with B’s penis
Sexual Offences Act 2003 (Section 10)
2) A person is guilty of an offence under this section if the activity caused or incited involved penetration of B’s anus and vagina. Penetration of B’s mouth with person’s penis. Penetration of a persons anus or vagina with a part of B’s body, or by B’s with anything else. Penetration of a persons mouth with B’s penis
Sexual Offences Act 2003 (Section 11)
A person aged 18 or over A commits an offence if he intentionally engages in an activity. The activity is sexual. For purposes of obtaining sexual gratification, he engages in it.
- When another person is present of in a place from which A can be observed.
- Knowing or believing that B is aware, that he is engaging in it
- B is under 16 and A does not reasonably believe that B is over 16 or B is under 13 years old
Sexual Offences Act 2003 (Section 12)
A person aged 18 or over commits an offence if for the purpose of obtaining sexual gratification, he intentionally causes another person to watch a 3rd 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 over 16 or B is under 13 years old
Sexual Offences Act 2003 (Section 12)
A person aged 18 or over commits an offence if for the purpose of obtaining sexual gratification, he intentionally causes another person to watch a 3rd 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 years old
Sexual Offences Act 2003 (Section 15)
Sexual communication with a child
Sexual Offences Act 2003 (Section 61)
Administering a substance with intent - person commits an offence if he intentionally administers a substance to or cause a substance to be taken by another person knowing that the person does not consent with the intention of stupefying or overflowing that person
Sexual Offences Act 2003 (Section 63)
A person commits an offence of trespass with intent to commit a sexual offence if they are a trespasser on any premises . They intent to commit a relevant sexual offence on the premises and they know that or are reckless as to whether they are a trespasser
