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Police Now Core Learning Module 3 > Sexual Offences > Flashcards

Sexual Offences Flashcards

1
Q

What is a Sexual Risk Order (SRO)?

A

Applicable to anyone who seems likely to present a risk of sexual harm to public as a result of having committed a sexual act.

No need for conviction/caution

Prohibits specific actions including overseas travel

Police or NCA apply to magistrates court and must have reasonable blief is necessary to protext public in UK or abroad

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2
Q

Explain a sexual harm prevention order (SHPO)

A

SSHPO applicable to anyone convicted or cautioned for sexual or violent offence

Issued by court upon conviction, or police NCA can apply to a magistratres’ court

Fixed term of 5 years or more. Can prevent overseas travel

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3
Q

What are the sexual grooming offences?

A

s15 of the sexual offences act 2003 is meeting/travelling to meet a child following sexual grooming

  • Offender over 18
  • Victim under 16 (defence if reasonably believed was over)
  • Applies worldwide
  • Communication need to be sexual

s15a of the sexual offences act 2003 states offence for person over 18 to communicate with person under 16 if purpose is sexual gratification for sender
- communication must be sexual or encouraging sexual communication

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4
Q

What are the two offences for causing a child to witness sex acts?

A

s11 of the Sexual Offences Act 2003 is where the offender commits the sexual act themselves.

  • offender must know/believe the child will be aware of the act (inc online) but child doesn’t have to be aware

s12 of the Sexual Offences Act 2003 is where other people commit the acts

  • offender must gain sexual gratification from causing child to watch (gratification can occur after offence)
  • Child can agree to watch and offence still committed
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5
Q

What are the offences for causing or inciting a child to engage in sexual activity?

A

s8 of the Sexual Offences Act 2003 is causing or inciting a child under 13yo to engage in sexual activity.

  • 8 (1) is no penetration
  • 8 (2) is with penetration

Offender does not have to be involved or activity occured.

Defence can be reasonable belief child was over 16.

If under 16, some offences are covered by s10 (1) and s10 (2).

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6
Q

What are the sexual activity with a child (under 16) offences?

A

s9 of the Sexual Offences Act 2003

9 (1) is assault with no penetration
9 (2) is activity involving penetration (not just with penis)

Legislation is more used for 13-15yo victims

s5,6,7 more appropriate for under 13yos

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7
Q

What act does sexual assault on a child under the age of 13 without penetration fall under?

and how is it defined?

A

S7 (1) of the sexual offences act 2003

Intentionally touching a child under the age of 13 in a sexual manner

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8
Q

What act does sexual assault by penetration of a child under the age of 13 fall under?

How is it defined?

A

s6 of the sexual offences act 2003

Penetration can be carried out using any part of the body or object

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9
Q

What act does rape of a child (under 13) come under?

How is it defined?

A

s5 of the Sexual Offences Act 2003

Victim’s anus, vagina or mouth must be penetrated by penis

Consent is of no relevance

Offender cannot contend he thought victim was 16

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10
Q

At what age does he law consider a child cannot give consent?

A

Under 13

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11
Q

What act does causing another person to engage in sexual activity without consent fall under?

and how is it defined?

A

s4 (1) of the Sexual Offences Act 2003

An offence to intentionally cause another person to engage in sexual activity if they do not cosent and the perpetrator does not reasonably believe that consent has been given.

Includes group situations

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12
Q

What act does sexual assault fall under?

and how is it defined?

A

s3 of the Sexual Offences Act 2003

Person A commits an offence if that person intentionally touches another person (b)
- touching includes with part of body, anything else or through clothing

The touching must be sexual

B does not consent to the touching and A does not believe that B consents

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13
Q

What act does assault by penetration fall under?

and how is it defined?

A

s2 of the Sexual Offences Act 2003

Person A commits an offence if they intentionally penetrate (with a part of their own body or anything else) person B’s vagina or anus

Person A must be sexually motivated and not have a reasonable belief that B consents

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14
Q

What act does rape fall under?

How is it defined?

A

s1 of the Sexual Offences Act 2003

Person A commits an offence if he intentionally penetrates the vagina, anus, mouth of another person with his penis.

and person B does not consent to the penetration

and A does not reasonable believe that B consents

  • slightest degree of penetration counts
  • consent can be withdrawn during act
  • can be committed with surgically constructed penis
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15
Q

What act does consent fall under?

What are the key points regarding consent?

A

s 74, 75, 76 of the Sexual Offences Act 2003

76 - deceived complainant about nature of act or impersonated someone

75 - use/fear of violence, unlawful detention, being asleep, administered substances, physical disability preventing communication

74 - Must have freedom and capacity

  • Blackmail is not freedom and capacity
  • Intoxication is not freedom and capacity if unable to refuse

Any deception has to be closely connected to the sexual act

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16
Q

What are the four main sexual offences and their relevant acts?

A

All come under Sexual Offences Act 2003

Rape (s1)

Assault by Penetration (s2)

Sexual Assault (s3)

Causing another person to engage in sexual activity without consent (4)

17
Q

What act does procuring the services of a prostitute fall under? (Kerb crawling)

and how is it defined?

A

s51a of the Sexual Offences Act 2003

An offence to solicit the services of a prostitute in a public place

18
Q

What act dos soliciting in a public place fall under?

and how is it defined?

A

s (1) of the Street Offences Act 1959

Offence for a person to

persistently (two or more occasions within three months)

loiter or solicit

in a street or public place

for the purpose of prostitution

19
Q

What act does disclosing private sexual images with intent to cause distress fall under?

and how is it defined?

A

s33 (1) of the Criminal Justice and Courts Act 2015

Offence to disseminate to the public films/photos of a sexual nature without consent of portrayed person and with intent of causing them distress,

Defences

  • Necessary to prevent/detect/investigate crime
  • Journalism in public interest
  • Reasonable belief images already released for reward
20
Q

What act does possession of a prohibited image of a child fall under?

and how is it defined?

A

s62 of the Coroners and Justice Act 2009

An offence to be in possession of a prohibited image of a child (under 18) if it is

  • pornographic
  • grossly offensive, disgusting or obscene

Must focus solely or principally on genitals/anal region
OR
portray child as witness/participant in a sexual act

21
Q

What act does producing and distributing indecent photographs of children fall under?

and how is it defined?

A

S1 of the Protection of Children Act 1978

An offence to take, or permit to be taken, or to make

any photograph or pseudo-photogaph of a child

or to distribute or show such indecent photos

or to have in their possession such indecent photos with a view to distribute/show to others

or advertising said photos

22
Q

What act does possession of an indecent photograph of a child fall under?

and how is it defined?

A

Section 160 of the Criminal Justice Ace 1988

Offence for any person to have in their possession any photograph (or pseduo photo) of a child

Possession includes knowledge of digital files which a person knows they have the capacity to access

Whether they have been accessed or not is irrelevant

23
Q

What act does voyeurism fall under?

and how is it defined?

A

s67 (1) of the Sexual Offences Act 2003

if a person for the purpose of obtaining sexual gratification

observes another person doing a private act

and knows the other person does not consent to being observed for sexual gratification

covers nudity (inc in only underwear, using toilet or sexual acts)

24
Q

What act does sexual activity in a public lavatory fall under?

and how is it defined?

A

s71 of the Sexual Offences Act 2003

Reasonable person would regad the activity sexual

No need for witnesses

25
Q

How is outraging common decency defined?

A

Common law offence

to commit an act of a lewd, obscene and disgusting nature

and outrage public decency

in public view

possible for more than one person to witness the act

26
Q

How is exposure defined?

A

If someone exposes their genitals and intent someone to see and be caused harm and distress

Not necessary for another to see or be distressed

Applies to public and private places

27
Q

What act does exposure (flashing) fall under?

A

s66 (1) of the Sexual Offences Act 2003

27
Q

What act does exposure (flashing) fall under?

A

s66 (1) of the Sexual Offences Act 2003

Police Now Core Learning Module 3 (8 decks)

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