Sexual Exploitation of Children

Question 1

What sections deal with the sexual exploitation of children?

Answer 1

Offences under ss. 47 to 50 of the Sexual Offences Act 2003 deal with the sexual exploitation of children

Question 2

What is the offence of paying for sexual services of a child?

Answer 2

s47 Sexual Offences Act 2003
The Sexual Offences Act 2003, s. 47 states:
(1) A person (A) commits an offence if—
(a) he intentionally obtains for himself the sexual services of another person (B),
(b) before obtaining those services, he has made or promised payment for those services to B or a third person, or knows that another person has made or promised such a payment.

Question 3

What are the different sentences for the offence?

Answer 3

If victim is child under 13: triable on indictment, life imprisonment
Where victim is under 16 at the time of the offence and it involves penetration: triable on indictment, 14 years’ imprisonment
Otherwise, triable either way, 7 years’ imprisonment

Question 4

What needs to be proved if the child is under 13? What if the child is under 18?

Answer 4

If the child is under 13, the offence is complete at this point.
If the child is under 18, you must prove that the defendant did not reasonably believe that the child was 18 or over (s. 47(1)(c))

Question 5

What does ‘payment’ mean?

Answer 5

Payment means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount (s. 47(2)).
This would include situations where the child victim is given drugs or other goods/services at a cheaper rate in exchange for sexual services from the child.

Question 6

What is the offence of causing or inciting the sexual exploitation of a child?

Answer 6

s48 Sexual Offences Act 2003
(1) A person (A) commits an offence if—
(a) he intentionally causes or incites another person (B) to be sexually exploited, in any part of the world, and
(b) either-
(i) B is under 18, and A does not reasonably believe that B is 18 or over, or
(ii) B is under 13.

Question 7

What is the offence of controlling the sexual exploitation of a child?

Answer 7

s49 Sexual Offences Act 2003
(1) A person (A) commits an offence if-
(a) he intentionally controls any of the activities of another person (B) relating to B’s sexual exploitation in any part of the world, and
(b) either-
(i) B is under 18, and A does not reasonably believe that B is 18 or over, or
(ii) B is under 13.

Question 8

Examples for controlling the activities of a child

Answer 8

Controlling the activities of the child would include, for example, setting the relevant price or specifying which room or equipment is to be used.

Question 9

What is the offence of arranging or facilitating the sexual exploitation of a child?

Answer 9

s50 Sexual Offences Act 2003
(1) A person (A) commits an offence if-
(a) he intentionally arranges or facilitates the sexual exploitation in any part of the world of another person (B) and
(b) either-
(i) B is under 18, and A does not reasonably believe that B is 18 or over, or
(ii) B is under 13.

Question 10

Examples for arranging/facilitating

Answer 10

Arranging will include taking an active part in the transport or travel arrangements or organising relevant facilities (such as hotel rooms etc.) or providing recording equipment.

Question 11

What is the difference between when the child is under 13 and when the child is aged between 14 and 17 inclusive?

Answer 11

If the child is under 13, the offences are complete once the relevant conduct of the defendant has been proved and any belief the defendant may have had as to the child’s age is irrelevant to guilt.
If the child is under 18, you must prove that the defendant did not reasonably believe that the child was 18 or over.

Question 12

What sentences are available for s48-s50 offences?

Answer 12

Triable either way
14 years’ imprisonment on indictment
6 month’s imprisonment and/or fine summarily

Question 13

What are these offences aimed at?

Answer 13

These offences are aimed at those who seek to recruit children for prostitution or to take part in pornography, or otherwise control these activities and arrangements anywhere in the world.

Question 14

When is a child considered to have been ‘sexually exploited’?

Answer 14

s51
(2) For the purposes of s48-50 a person (B) is sexually exploited, if
(a) on at least one occasion and whether or not compelled to do so, B offers or provides sexual services to another person in return for payment or a promise of payment to B or a third person, or
(b) an indecent image of B is recorded or streamed or otherwise transmitted.

Question 15

Would recruiting a child on a one-off basis be covered?

Answer 15

These offences would be committed if the child is recruited on a one-off basis, as well as on those occasions where the child is habitually involved.

Question 16

Is indecent defined?

Answer 16

Indecent isn’t defined so will be left to the court to interpret.

Question 17

Is payment defined?

Answer 17

s51
(3) Payment means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.

Question 18

Where does the sexual exploitation have to take place? What abouts D’s own incitement?

Answer 18

It can take place anywhere in the world- does not have to be England and Wales.
D’s own incitement should take place in the England and Wales.

Question 19

For the incitement offence, does B have to become a prostitute or become involved in pornography?

Answer 19

For the accused to be guilty of the incitement offence, it is not necessary that B actually becomes a prostitute or involves him/herself in pornography.
It is the incitement that counts.

Question 20

Do you need to prove that causing or inciting was done for gain?

Answer 20

Unlike the general offence of controlling prostitution, there is no need to show that the causing or inciting was done for gain.

Question 21

What law gives police officers the power to serve a child exploitation notice? When can they issue one?

Answer 21

s116 Anti-social Behaviour, Crime and Policing Act 2014
Confers a power on a police officer to serve a notice on the owner, operator or manager of a hotel that the officer reasonably believes has been or will be used for the purposes of child sexual exploitation or conduct preparatory to or connected with it.

Question 22

Which rank of officer can serve a child exploitation notice on the owner, operator or manager of a hotel by virtue of which they will be required to provide info about guests at the hotel?

Answer 22

Must be of at least the rank of Inspector.

Question 23

How must a notice be given?

Answer 23

The notice must be in writing.

Question 24

What must the notice contain?

Answer 24

The notice must specify the hotel to which it relates, the date on which it comes into effect and the date on which it expires. It must also explain the information that a constable may require the person issued with a notice to provide, avenues of appeal against the notice and the consequences of failure to comply.

Question 25

How long do notices last for?

Answer 25

The notice must also specify the period for which it has effect which, under s. 116(3), must be no more than six months.

Question 26

What info regarding guests at the hotel will the notice allow the constable to obtain?

Answer 26

s116 Anti-social Behaviour, Crime and Policing Act 2014
(4) A constable may require a person issued with a notice under this section to provide the constable with information about guests at the hotel.
(5) The only information that a constable may require under subsection (4) is—
(a) guests’ names and addresses;
(b) other information about guests that—
(i) is specified in regulations made by the Secretary of State, and
(ii) can be readily obtained from one or more of the guests themselves.

Question 27

What must a requirement under subsection (4) fulfil?

Answer 27

(6) A requirement under subsection (4)—
(a) must be in writing;
(b) must specify the period to which the requirement relates;
(c) must specify the date or dates on or by which the required information is to be provided.
The period specified under paragraph (b) must begin no earlier than the time when the requirement is imposed and must end no later than the expiry of the notice under this section.

Question 28

Are future and past forms of conduct covered?

Answer 28

It ‘has been’ or ‘will be’ used, so future conduct as well as past behaviour is covered.

Question 29

How is ‘child sexual’ exploitation defined for the purposes of this section?

Answer 29

For the purposes of s. 116, ‘child sexual exploitation’ is defined at s. 116(8) to include offences under any of the following sections of the Sexual Offences Act 2003:
- s1-13 (rape, assault etc…)
- s16-19 (abuse of position of trust)
- s25 and 26 (familial child sex offences)
- s30-41 (persons with mental disorder offences)
- s47-50 (abuse of children through prostitution and pornography)
- s61 (administering a substance with intent)
- s66 and 67 (exposure and voyeurism)
- s116 (indecent photos of children)
Essentially covers all child sexual offences under 2003 Act expected in this context.

Question 30

What does ‘guest’ mean?

Answer 30

‘Guest’ means a person who, for a charge payable by that person or another, has the use of a guest room at the hotel in question

Question 31

What does ‘hotel’ mean?

Answer 31

‘Hotel’ includes any guest house or other establishment of a similar kind at which accommodation is provided for a charge.

Question 32

What if someone fails to comply with the requirement under s116(4)?

Answer 32

Section 118(1) states that an offence is committed by a person who fails without reasonable excuse to comply with a requirement imposed on the person under s. 116(4).
Offence is punishable by a fine.

Question 33

What if someone provides incorrect information?

Answer 33

Section 118(2) states that an offence is committed by a person who, in response to a requirement imposed on the person under s. 116(4), provides incorrect information which the person:
(a) did not take reasonable steps to verify or to have verified; or
(b) knows to be incorrect.
Offence is punishable by a fine.

Question 34

When does a person not commit an offence in relation to false information?

Answer 34

A person does not commit an offence under s. 118(2)(a) if there were no steps that the person could reasonably have taken to verify the information or to have it verified.

Question 35

What is the law on possessing a paedophile manual?

Answer 35

s69 Serious Crime Act 2015
(1) It is an offence to be in possession of any item that contains advice or guidance about abusing children sexually.

Question 36

What is the sentence for the offence?

Answer 36

Triable either way
3 years’ imprisonment and/or a fine

Question 37

Whose consent is required to prosecute?

Answer 37

Consent of the DPP is required to prosecute.

Question 38

What behaviour is this offence made to prevent?

Answer 38

This section creates an offence of possession of a paedophile manual; that is, any item containing advice or guidance about abusing children sexually. There are a number of criminal offences that seek to prevent the possession, creation and distribution of indecent images of children and the dissemination of obscene material eg: s1 PCA 1978, s160 CJA 1988 etc… but these offences do not criminalise mere possession of material containing advice and guidance about grooming and abusing a child sexually. This offence plugs this gap in the law.

Question 39

What defences are available to someone charged with an offence under s69?

Answer 39

s69(2) It is a defence for a person (D) charged with an offence under this section—
(a) to prove that (D) had a legitimate reason for being in possession of the item, and
(b) to prove that—
(i) D had not read, viewed or (as appropriate) listened to the item, and
(ii) D did not know, and had no reason to suspect, that it contained advice or guidance about abusing children sexually; or
(c) to prove that—
(i) the item was sent to D without any request made by D or on D’s behalf, and
(ii) D did not keep it for an unreasonable time.

Question 40

Example of what would be covered under s69(2)(a) defence

Answer 40

It would cover, for example, those who can demonstrate that they have a legitimate work reason for possessing the item

Question 41

Example of what would be covered under s69(2)(c) defence

Answer 41

This will cover those who are sent unsolicited material and who act quickly to delete it or otherwise get rid of it.

Question 42

What is the standard of proof for making out the defence?

Answer 42

The standard of proof in making out the defence is the balance of probabilities.

Question 43

What does ‘abusing children sexually’ mean?

Answer 43

‘Abusing children sexually’ means doing anything that constitutes an offence under part 1 of the Sexual Offences Act 2003 against a person under 16 or doing anything that constitutes an offence under s. 1 of the Protection of Children Act 1978 involving indecent photographs BUT DOES NOT INCLUDE PSEUDO-PHOTOGRAPHS (s69(8))

Question 44

What does the term ‘item’ mean?

Answer 44

The term ‘item’ has a wide meaning and includes both physical and electronic documents (e.g. emails or information downloaded to a computer) (s. 69(8)).

Question 45

What if offences against children are committed abroad and someone is a British citizen?

Answer 45

Section 72 of and sch. 2 to the Sexual Offences Act 2003 allow for the prosecution of British citizens and UK residents for sexual offences against children committed abroad.

Question 46

What specific section makes it an offence for a UK national to commit an act outside of the UK that is an offence under English and Welsh law?

Answer 46

Section 72(1) makes it an offence for a UK national to commit an act outside the United Kingdom which would constitute a relevant sexual offence if done in England and Wales. This has the effect of removing the requirement that the act committed must have been illegal in the country where it took place, in respect of the prosecution of UK nationals.

Question 47

What offences does s72 apply to?

Answer 47

Section 72 applies to:
- an offence under any of ss. 5 to 19, 25, 26 and 47 to 50;
- an offence under any of ss. 1 to 4, 30 to 41 and 61 where the victim of the offence was under 18 at the time of the offence;
- an offence under s. 62 or 63 where the intended offence was an offence against a person under 18;
- an offence under—
- s. 1 of the Protection of Children Act 1978 (indecent photographs of children); or
- s. 160 of the Criminal Justice Act 1988 (possession of indecent photograph of a child).