Sexual Offences Flashcards by Ben Mechen

What section and legislation covers rape?

Section 1 Sexual Offences Act 2003

Section 5 for a child under 13

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Section 1 Sexual Offences Act 2003: Points to Prove

Intentionally and without consent
Penetrate the anus, mouth or vagina
Of another with the penis

Section 5 for a child under 13

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What section and legislation covers sexual assualt by penetration?

Section 2 Sexual Offences Act 2003

Section 6 for a child under 13

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Section 2 Sexual Offences Act 2003: Points to Prove

Intentionally and without consent
Sexually penetrate the anus or vagina
Of someone aged 13 years or over with a part of the body or an object

Section 6 for a child under 13

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Does Section 2 Sexual Offences Act 2003 include penetration of the mouth?

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Does Section 1 Sexual Offences Act 2003 include penetration of the mouth?

Yes

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What section and legislation covers sexual assualt?

Section 3 Sexual Offences Act 2003

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Section 3 Sexual Offences Act 2003: Points to Prove

Intentionally touch the body of someone aged 13 years old over
In a sexual manner
When it is not reasonably believed there was consent

Section 7 if under 13

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What section and legislation covers causing a person to engage in sexual activity without consent?

Section 4 Sexual Offences Act 2003

Section 8 if under 13

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What age is the legal threshold for a child under the Sexual Offences Act 2003?

A child is under 16; additional offences apply specifically to those under 13

Sections 5 - 8 Sexual Offences Act 2003 - 13

Sections 9 - 12 Sexual Offences Act 2003 - 13 & 16

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What section and legislation defines consent?

Section 74 Sexual Offences Act 2003

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How is consent defined under Section 74 Sexual Offences Act 2003?

A person consents if he agrees by choice, and has the freedom and capacity to make that choice

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What section and legislation covers sexual activity with a child?

Section 9 Sexual Offences Act 2003

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Under Sections 9 - 12 of the Sexual Offences Act 2003, what age must you reasonably believe a person is over?

16 years old

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Under Sections 9 - 12 of the Sexual Offences Act 2003, what age is always illegal, regardless of reasonable belief?

Under 13

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Under Section 9 of the Sexual Offences Act 2003, what age must the offender be over?

18 or over

What are the evidential presumptions against consent?

Section 75 Sexual Offences Act 2003

Includes situations like the victim being unconscious, asleep, drugged, or threatened with violence (or another is threatened)

What are the conclusive presumptions of no consent?

Section 76 Sexual Offences Act 2003

Includes cases where the defendant deceives the victim about the nature/purpose of the act or impersonates someone known personally to the victim

What do Sections 16–19 Sexual Offences Act 2003 address?

Abuse of a position of trust involving sexual activity with a child

What section and legislation covers causing/inciting a child to engage in sexual activity?

Section 10 Sexual Offences Act 2003

What section and legislation covers causing a child to watch a sexual act?

Section 12 Sexual Offences Act 2003

What section and legislation covers engaging in sexual activity in the presence of a child?

Section 11 Sexual Offences Act 2003

What section and legislation covers indecent exposure?

Section 66 Sexual Offences Act 2003

Section 66 Sexual Offences Act 2003: Points to Prove

Intentionally expose
Genitals
Intending someone would see them
And cause them alarm or distress

Under Section 66 Sexual Offences Act 2003, does the person exposing themselves actually need to be seen by anyone?

No, as long as it is possible for them to be seen | Also does not need to actually cause alarm or distress

What section and legislation covers sending/giving a photograph or film of genitals?

Section 66A Sexual Offences Act 2003

What section and legislation covers sharing/threatening to share intimate photos or films?

Section 66B Sexual Offences Act 2003

What section and legislation covers voyeurism?

Section 67 Sexual Offences Act 2003

Section 67 Sexual Offences Act 2003: Points to Prove

* Observe another person OR * Records another OR * Operates equipment OR * Installs equipment * Doing a private act * To obtain sexual gratification * Knowing the persons involved do not consent

What section and legislation covers filming breast feeding or beneath someone's clothing?

Section 67A Sexual Offences Act 2003 | Covers "upskirting"

Section 4 Sexual Offences Act 2003: Points to Prove

* Intentionally causes someone to engage in sexual activity * They do not consent * It is not reasonably believed there was consent

Section 66B Sexual Offences Act 2003: Points to Prove

* Intentionally * Shares OR * Threatens to share * Intimate photograph or film * Without consent

If you threaten to share an intimate photo, but do not actually possess that photo, is it an offence under Section 66B Sexual Offences Act 2003?

Yes, as S66B is sharing or **threatening** to share intimate photographs/films