Sexual Offences Flashcards
Introduction
The majority of offences in this chapter are dealt with under the Sexual Offences Act 2003. The Act provides measures such as the presumptions about consent that will be made by a court under certain circumstances. Apart from the offence of rape (under ss. 1 and 5 of the Act), the offences are ‘gender neutral’, i.e. they can be committed by a male or a female.
It is important to note that there is an overlap between many of the offences, for example a mentally disordered person could be raped under s. 1 (because of his/her lack of ability to give true consent) or subjected to sexual activity contrary to s. 30 (due to an inability to refuse). In all circumstances, it is essential that the most appropriate option is chosen.
The Sexual Offences (Amendment) Act 1992, s. 1 states:
(1)
Where an allegation has been made that an offence to which this Act applies has been committed against a person, no matter relating to that person shall during that person’s lifetime be included in any publication, if it is likely to lead members of the public to identify that person as the person against whom the offence is alleged to have been committed.
(2)
Where a person is accused of an offence to which this Act applies, no matter likely to lead members of the public to identify a person as the person against whom the offence is alleged to have been committed (‘the complainant’) shall during the complainant’s lifetime, be included in any publication.
(3)
(3A)
The matters relating to a person in relation to which the restrictions imposed by subsection (1) or (2) apply (if their inclusion in any publication is likely to have the result mentioned in that subsection) include in particular —
(a)
the person’s name,
(b)
the person’s address,
(c)
the identity of any school or other educational establishment attended by the person,
(d)
the identity of any place of work, and
(e)
any still or moving picture of the person.p. 534
Offences Covered
The Sexual Offences (Amendment) Act 1992 provides anonymity to a victim/complainant of most sexual offences. It applies to almost all sexual offences under part 1 of the Sexual Offences Act 2003 (such as rape, assault by penetration, sexual assault by touching etc.) as well as attempts and conspiracy to commit such acts. It also applies to aiding, abetting, counselling or procuring any of these offences. It does not apply to the offences dealing with sex with an adult relative (ss. 64 and 65) and sexual activity in a public lavatory (s. 71).
Publication
Includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme shall be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings (s. 6(1)).
Lifetime Anonymity
The alleged victim/complainant is entitled to anonymity throughout their lifetime. Once an allegation of one of the offences in question has been made, nothing may be published which is likely to lead members of the public to identify the alleged victim/complainant. The protection under s. 1(2) applies from the time someone is accused for that person’s lifetime even if proceedings are later abandoned.
Lifting Restrictions
Under s. 3 of the Act, the prohibition on publicity may be lifted by order of the court if either:
* publicity is required by the accused so that witnesses will come forward and the conduct of the defence is likely to be seriously prejudiced if the direction is not given; or
* the trial judge is satisfied that imposition of the prohibition imposes a substantial and unreasonable restriction on the reporting of the proceedings and it is in the public interest to relax the restriction.
