Sexual Offences

Question 1

For exposure, is it always an offence if the genitals are out?

Answer 1

NO. It’s all about intent. If they had intent to cause alarm and for you to be seen then it’s complete even if no one was offended or the genitals weren’t seen.

Question 2

A suspect grooms a 14 year old. He says at court that he thought she was over 16. What do we need to show ?

Answer 2

For grooming the defendant must be aged 18 or over and the victim must be under 16. It must also be shown that the defendant did not reasonably BELIVE that the victim was 16 or over.

Question 3

If someone gives someone drugs then rapes them. Will they be dine for administering a substance with intent ?

Answer 3

No. Rape is the full offence. The administering is a preparatory offence.

Question 4

An adopted child has sex with her adoptive father when she is 17. It is consensual. Are they guilty of having sex with a family member ?

Answer 4

The father would be guilty, but as the adoptive child is only 17 they wouldn’t.
They must be 18 or over to commit the offence. (Not adoptive can be 16 or over)

Question 5

How many prostitutes for it to be a brothel ?

Answer 5

More than one.

Question 6

Assault by penetration covers two oraphice, what are they ?

Answer 6

Vagina, anus. And any body part or anything else (bottle) etc..

Question 7

If the accused reasonably believes that the person they sexually touched consented. Would this be an offence ?

Answer 7

No.

Question 8

What age is it that they physically cant consent no matter what ?

Answer 8

Under the age of 13.

Question 9

Jamie touches a girl sexually believing she had consented and was 16 or over. Has he committed an offence as she is only 14?

Answer 9

Yes. But he would have a defence if she is under 16 and he reasonably believed she was 16 or over.
13 or under = no defence.

Question 10

If jamie incites a girl to engage in sexual activity with him but she doesn’t. Has he committed the offence of causing/inciting a child to engage in sexual activity ?

Answer 10

Yes. For cause you need a result but for inciting you don’t.
Remember under 16.

Question 11

If a couple have sex and they suspect their young child is watching for sexual gratification have they committed an offence of engaging in sexual activity in the presence of a child ?

Answer 11

No. They must KNOW or BELIEVE or INTEND for the person to be aware.

Question 12

In regards to causing a child to watch a sexual activity, does it have to be a live act ?

Answer 12

No. It can be a 3rd person, or even an image. As long as they are getting sexual gratification from it.

Question 13

For meeting a child following sexual grooming how many communications or meetings need to take place ?

Answer 13

Just one or more and it doesn’t have to be of a sexual nature. All about the intent.

Question 14

Who would be described as being in a position of trust ? (4)

Answer 14

Persons working in a residential home for children. Hospital. Teachers or local authority social workers.

Question 15

In regards to sexual offences against children. If someone from a position of trust commits the offence. What is the age f the “child”?

Answer 15

Under 18.

Question 16

If a couple trespass onto a private property, jump the fence and then go to have sex in car, when do they commit the offence of trespassing with intent to commit the relevant sexual offence ?

Answer 16

Once they get into the car. Its just intent needed, doesn’t need to happen but it must be trespassing onto a property/structure not just jumping a fence.

Question 17

For kerb crawling do you have to solicit the person more than once?

Answer 17

No. Just once will be an offence.

Question 18

In regards to arranging or facilitating child sex offences. Does any sexual activity actually have to take place?

Answer 18

No as long as they intentionally either arranged or facilitated something.

Question 19

For child prostitution does the controller have to gain from this ?

Answer 19

No.

Question 20

In child prostitution does the prostitute actually have to provide the service ?

Answer 20

No, it’s all about the “offering”

Question 21

Age of a child for indecent images ??

Answer 21

Anyone who appears to be under the age of 18.

Question 22

Who’s authority is required to prosecute for being in possession of a paedophile manual ?

Answer 22

DPP - director of public prosecutions

Question 23

Would downloading or voluntary browsing indecent images of children amount to MAKING a photograph ?

Answer 23

Yes. But the act of browsing must be voluntary.

Question 24

Sexual offences - predatory offences - someone commits an offence with the intention to commit a sexual offence, what initial offence do they have to commit ?

Answer 24

Any offence.

Question 25

In regards to trespassing with the intent to commit a sexual offence. The premises can be a structure or part of a structure which is either fixed, temporary or moveable. Does this include tents ?

Answer 25

Yes. Tents vehicles and vessels.

Question 26

Can the anonymity of a victim be waived during the course of an appeal ?

Answer 26

It can be waived if the defendant would be likely to suffer SUBSTANTIAL injustice if not given.

Question 27

For a sexual harm prevention order to be put in place what outcome must the defendant have at court ?

Answer 27

They must be either found guilty, convicted, cautioned OR non-guilty only for insanity of the offence.

Question 28

Would a peadophile have to notify police of a new address if he stayed at his friends twice ?

Answer 28

Yes. If it adds up to 7 days.

Any premises in the U.K.

Question 29

If someone was charged and acquitted of rape. It turned to a cold case and further evidence comes up. Who is responsible to determine if there is sufficient evidence to charge same person for rape again ?

Answer 29

SUPER.

Question 30

If a couple have sex and the victim only consents if the male wears a condom and half way through he takes it off would this be rape ?

Answer 30

Yes. The true consent was only if he was wearing a condom so once he takes it off it’s rape.

Question 31

Male doesn’t tell female he has HIV, they have consensual sex. Is it rape ?

Answer 31

No. She has consented.. this is not rape.

Question 32

Can you commit the offence of commuting a criminal offence with intent to commit a sexual offence if the sexual offence is taking indecent images ?

Answer 32

No.

Must be part 1 of the sexual offences act (offences)

Question 33

Assault by penetration covers what holes ?

Answer 33

Vagina and anus.

Question 34

Does assault by penetration have to be specific instrument ? Eg - fingers, dildo etc.

Answer 34

No. As long as it’s the vagina of anus being penetrated, it includes everything. (Including a dogs penis)