Sexual Offences Flashcards
What is a Sexual Risk Order (SRO)?
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
Explain a sexual harm prevention order (SHPO)
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
What are the sexual grooming offences?
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
What are the two offences for causing a child to witness sex acts?
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
What are the offences for causing or inciting a child to engage in sexual activity?
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).
What are the sexual activity with a child (under 16) offences?
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
What act does sexual assault on a child under the age of 13 without penetration fall under?
and how is it defined?
S7 (1) of the sexual offences act 2003
Intentionally touching a child under the age of 13 in a sexual manner
What act does sexual assault by penetration of a child under the age of 13 fall under?
How is it defined?
s6 of the sexual offences act 2003
Penetration can be carried out using any part of the body or object
What act does rape of a child (under 13) come under?
How is it defined?
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
At what age does he law consider a child cannot give consent?
Under 13
What act does causing another person to engage in sexual activity without consent fall under?
and how is it defined?
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
What act does sexual assault fall under?
and how is it defined?
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
What act does assault by penetration fall under?
and how is it defined?
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
What act does rape fall under?
How is it defined?
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
What act does consent fall under?
What are the key points regarding consent?
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
What are the four main sexual offences and their relevant acts?
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)
What act does procuring the services of a prostitute fall under? (Kerb crawling)
and how is it defined?
s51a of the Sexual Offences Act 2003
An offence to solicit the services of a prostitute in a public place
What act dos soliciting in a public place fall under?
and how is it defined?
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
What act does disclosing private sexual images with intent to cause distress fall under?
and how is it defined?
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
What act does possession of a prohibited image of a child fall under?
and how is it defined?
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
What act does producing and distributing indecent photographs of children fall under?
and how is it defined?
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
What act does possession of an indecent photograph of a child fall under?
and how is it defined?
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
What act does voyeurism fall under?
and how is it defined?
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)
What act does sexual activity in a public lavatory fall under?
and how is it defined?
s71 of the Sexual Offences Act 2003
Reasonable person would regad the activity sexual
No need for witnesses
How is outraging common decency defined?
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
How is exposure defined?
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
What act does exposure (flashing) fall under?
s66 (1) of the Sexual Offences Act 2003
What act does exposure (flashing) fall under?
s66 (1) of the Sexual Offences Act 2003
