Other offences Flashcards
Sex with an adult relative - penetration
s64 SOA 2003
Sex with an adult relative - penetration level of offence
Either way
Sex with an adult relative - penetration definition
A person 16 or over (A) commits an offence if he intentionally penetrates another person’s (B) vagina or anus with a part of his body or anything else, or penetrates Bs mouth with his penis,
The penetration is sexual,
B is aged 18 or over,
A is related to B in a way mentioned below, and
A knows or could reasonably be expected to know that he is related to B in that way
Relative
Parent, includes adoptive parent Grandparent Child Grandchild Brother Sister Half-brother Half-sister Uncle Aunt Nephew Niece
Sex with an adult relative – consenting to penetration
s65 SOA 2003
Sex with an adult relative – consenting to penetration level of offence
Either way
Sex with an adult relative – consenting to penetration definition
A person 16 or over (A) commits an offence if another person (B) penetrates As vagina or anus with a part of his body or anything else, or penetrates As mouth with his penis,
The penetration is sexual,
B is aged 18 or over,
A is related to B in a way mentioned below, and
A knows or could reasonably be expected to know that he is related to B in that way
Possession of extreme pornographic images
s63 Criminal Justice and Immigration Act 2008
Possession of extreme pornographic images level of offence
Either way
Possession of extreme pornographic images definition
It is an offence for a person to be in possession of an extreme pornographic image
Image must be:
Be pornographic
Be grossly offensive, disgusting or otherwise of an obscene character, and
Portray in an explicit and realistic way, one of the following extreme acts
Extreme acts
Act which threatens a person’s life
Act which results in/likely to result in serious injury to a person’s anus, breasts or genitals
Act involving sexual interference with a human corpse
Person performing an act of intercourse or oral sex with an animal (dead or alive)
Act which involves the non-consensual penetration of a person’s vagina, anus or mouth by another with the other person’s penis
Act which involves the non-consensual penetration of a person’s vagina or anus by another with a part of the other person’s body or anything else
And a reasonable person looking at the image would think that the people and animals portrayed were real
Pornographic
Of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal
Defences
Person had a legitimate reason for possessing e.g. business reason
Person had not seen the image so did not know the nature of the image
Person was sent the image, not having asked for it, and had not kept it for an unreasonable amount of time
