Preparatory Offences Flashcards
Administering Substance with Intent—Sexual Offences Act 2003, s. 61
- Triable either way
- 10 years’ imprisonment on indictment
- Six months’ imprisonment and/or a fine summarily
The Sexual Offences Act 2003, s. 61 states:
(1)
A person commits an offence if he intentionally administers a substance to, or causes a substance to be taken by, another person (B)—
(a)
knowing that B does not consent, and
(b)
with the intention of stupefying or overpowering B, so as to enable any person to engage in a sexual activity that involves B.
Administering Substance with Intent
This offence is aimed at the use of ‘date rape’ drugs administered without the victim’s knowledge or consent but would also cover the use of any other substance with the relevant intention. It would cover A spiking B’s soft drink with alcohol where B did not know he/she was consuming alcohol, but it would not cover A encouraging B to get drunk so that A could have sex with B, where B knew he/she was consuming alcohol.
The substance could be injected or applied by covering the victim’s face with a cloth impregnated with the substance.
This offence applies both when A him/herself administers the substance to B, and where A causes the substance to be taken by B, for example when A persuades a friend (C) to administer a substance to B, so that A can have sex with B, because C knows B socially and can more easily slip the substance into B’s drink than A.
However, the intended sexual activity need not involve A. In the example given above, it could be intended that C or any other person would have sex with B.
The term ‘sexual’ used in this section in the phrase ‘sexual activity’ is defined in s. 78 of the Act (see para. 4.3.2).
The sexual activity in this offence could involve A having sexual intercourse with or masturbating B, could involve A causing B to commit a sexual act upon him/herself (e.g. masturbation) or could involve B and a third party engaging in sexual activity together, regardless of whether the third party has administered the substance. This is an offence of intent rather than consequence so there is no need for the victim to be stupefied or overpowered or for the sexual activity to take place, for example because a friend of B saw what was happening and intervened to protect B.
Committing Criminal Offence with Intent to Commit a Sexual Offence—Sexual Offences Act 2003, s. 62
- Where the offence committed is kidnapping or false imprisonment—triable on indictment only: life imprisonment
- Otherwise triable either way: 10 years’ imprisonment on indictment; six months’ imprisonment and/or a fine summarily
The Sexual Offences Act 2003, s. 62 states:
(1)
A person commits an offence under this section if he commits any offence with the intention of committing a relevant sexual offence.
Committing Criminal Offence with Intent to Commit a Sexual Offence
‘Relevant sexual offence’ means an offence under part I of the Act (virtually all regularly occurring sexual offences) including aiding, abetting, counselling or procuring such an offence (s. 62(2)). It does not extend to other sexual offences under the Protection of Children Act 1978.
It is designed to deal with the commission of any criminal offence where the defendant’s intention is to commit a relevant sexual offence. This would cover an array of possible circumstances where the defendant’s ulterior motive in committing the first offence is to carry out the relevant sexual offence. It would apply, for example, where A kidnaps B so that A can rape B but is caught by the police before committing the rape. It would also apply where A detained B in his/her flat with this intention, or assaulted B to subdue him/her so that A could more easily rape B.
There is no express requirement for there to be any immediate link in time between the two offences. It could cover any situation from the theft of drugs or equipment to be used in the course of the sexual offence and going equipped for burglary, to the taking of a vehicle or even dangerous driving with the intention in each case of committing the further relevant sexual offence.
If A does commit the intended offence, he/she could be charged with the substantive sexual offence in addition to this offence.
Trespass with Intent to Commit a Relevant Sexual Offence—Sexual Offences Act 2003, s. 63
- Triable either way
- 10 years’ imprisonment on indictment
- Six months’ imprisonment and/or a fine summarily
The Sexual Offences Act 2003, s. 63 states:
(1)
A person commits an offence if—
(a)
he is a trespasser on any premises,
(b)
he intends to commit a relevant sexual offence on the premises, and
(c)
he knows that, or is reckless as to whether, he is a trespasser.
Trespass with Intent to Commit a Relevant Sexual Offence
For ‘relevant sexual offence’, see para. 4.7.2.
A person is a trespasser if they are on the premises without the owner’s or occupier’s consent, whether express or implied, or they are there without a power at law to be there. Generally, defendants ought to know whether they are trespassing or not and recklessness will be enough in that regard.
Premises here will include a structure or part of a structure (including a tent, vehicle or vessel or other temporary or movable structure (s. 63(2)).
This offence is intended to capture, for example, the situation where A enters a building owned by B, or goes into B’s garden or garage without B’s consent, and A intends to commit a relevant sexual offence against the occupier or other person on the premises.
The offence applies regardless of whether or not the substantive sexual offence is committed.
A will commit the offence if he/she has the intent to commit a relevant sexual offence at any time while he/she is a trespasser. The intent is likely to be inferred from what the defendant says or does to the intended victim (if there is one) or from items in the possession of the defendant at the time he/she commits the trespass (e.g. condoms, pornographic images, rope etc.).
A separate offence is needed to cover trespass (as opposed to relying on s. 62) because trespass is a civil tort and not a criminal offence.
The defendant must intend to commit the relevant offence on the premises.
