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Crime > Sexual Offences > Flashcards

Sexual Offences Flashcards

1
Q

What is anonymity under the sexual offences act?

A

No details which are capable of either…

  • identifying the victim of the offence
  • identifying the suspect of the offence

…can be published during that persons lifetime (even if proceedings are abandoned)

These details include…

  • name
  • address
  • school name/address/details
  • work place
  • still or moving picture
  • this includes and written or verbal communication to the public at large or a specific section of the public. It does not include legal documents.
  • this does not cover offences involving sex with an adult relative or sexual activity in a public bathroom
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2
Q

What is the offence of rape?

A

Any person who…

  • intentionally
  • penetrates another’s vagina, anus or mouth (penetration is a continuous act of insertion and withdrawal)
  • with their penis
  • the other does not consent
  • the defendant does not reasonably believe they consent
  • the circumstances of the penetration will be relevant as will the steps taken by the defendant to obtain consent

*penis/vagina/etc includes surgically crafted ones both protecting and making transsexuals included in the offence

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3
Q

What is consent?

A

A person consents if they agree by choice and are free to make that choice with capacity to make it.

To be free there cannot be any fear or fraud creating merely submission

A person cannot consent if their capacity is so limited by their knowledge or understanding that they were not in a position to decide wether to agree

Consent can be withdrawn at any time, even in the middle of the continued activity

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4
Q

Can STI’s invalidate consent?

A
  • if the defendant with the STI makes no mention of it to their partner and they consent to sex, it is not rape, even if the partner would not have knowingly done this.
  • if the partner mentions they wouldn’t have sex with someone with that STI or asks about the STI and the defendant denies it, that will invalidate their consent and be rape
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5
Q

What are the examples around conditional consent?

A
  • removal of a condom; if the partner made it clear she would only have sex with a condom and the defendant removed this or tore it, knowing this condition, consent is invalidated
  • ejaculating inside the partner when the defendant knew they had a strict condition for sex where he would pull out and did not
  • pretending to be one gender when you are really the other will invalidate the choice of which gender to sleep with
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6
Q

When is consent presumed invalid?

A

If a person did a relevant act and the person was…

  • ANY PERSON was, AT THE TIME OR IMMEDIATELY BEFORE, using violence or the complainant was in fear of violence against them
  • ANY PERSON was, AT THE TIME OR IMMEDIATELY BEFORE, causing the complainant to fear violence was being used or would be used against another
  • the complainant was unlawfully detained BUT the defendant was not
  • the complainant was asleep or unconscious
  • because of a physical disability the complainant could not communicate consent
  • ANY PERSON had administered the complainant or caused to be taken by them, something causing them to be stupefied or overpowered
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7
Q

When is consent conclusively proved to be invalid?

A

If the defendant did the relevant act and it is conclusively proved that..

  • the defendant intentionally deceived the defendant as to the NATIRE OR PURPOSE of the act (the doctor)
  • the defendant intentionally induced the complainant to consent by pretending to be someone the complainant PERSONALLY KNEW (twins)

…it will be concluded the complainant did not consent and the defendant knew they did not

  • a dad if a former girlfriend pretending to be another girl to endure a male j to master nation just to teach him a lesson is conclusively invalidating the consent because the purpose of the act is not their sexual gratification but to embarrass the male)
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8
Q

What circumstances would not be considered covered under conclusive presumptions?

A
  • someone pretending to be an UNKNOWN person and blackmailing their girlfriend for sexual photos (they are not pretending to be someone personally known and the purpose is clearly sexual gratification)
  • deceiving a complainant into have sex more frequently than they would normally (no deception as to who they are or the purpose of the act - sexual gratification)
  • promises to marry them for sex
  • promises of payment for sex
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9
Q

What is the offence of assault by penetration?

A

Any person who…

  • Intentionally penetrates
  • the vagina or anus (NOT MOUTH)
  • with ANY part of their both or ANYTHING ELSE
  • the penetration is SEXUAL
  • the complainant does not consent
  • the defendant does not reasonably believe they consent
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10
Q

What does sexual mean?

A

Sexual means that the act is either sexual by nature (masterbation) in the mind of a reasonable person or are sexual in nature but not under the circumstances when considered by a reasonable person (a doctor inserting a finger inside a vagina is a sexual act but not for an examination. However if the doctor oversteps the boundaries it could again sexual)

If something is so bizarre or weird that a reasonable person would not consider it sexual then it will not be sexual, even if done for sexual gratification (fetishes)

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11
Q

What is the offence of sexual assault?

A

Any person who…

  • INTENTIONALLY touches another person
  • the touching is SEXUAL
  • the complainant does not consent to the touch
  • the defendant does not reasonably believe the complainant consents
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12
Q

What is touching?

A

This includes physical contact but not just with the person, it can include the clothing they are wearing. (Remember the man pulling the tracksuit pocket whilst asking for a shag). The touching must be intentional and not reckless.

The touching can be…

  • with any part of the body
  • with anything else
  • through anything
  • the complainant need not know it was happening

*ejaculating onto someone will count as touching even if the penis or otherwise never makes contact

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13
Q

What is the offence of causing sexual activity without consent?

A

A person who…

  • causes another to intentionally engage in sexual activity
  • the activity is sexual
  • the complainant does not consent
  • the defendant does not reasonably believe they consent
  • it does not matter if the defendant engages in the activity as well
  • it can include animals, other consenting people and even causing someone to act as a prostitute
  • the sexual nature can include getting them to have sexual conversations
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14
Q

What is the offence of sexual activity with a child?

A

A person aged 18 or over who…

  • intentionally touches the complainant
  • the touching is sexual
  • the complainant is under 16 and the defendant does not reasonably believe they are over 16 OR
  • the complainant is under 13
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15
Q

What is the offence of causing or inciting a child to engage in sexual activity?

A

A person aged 18 or over who…

  • causes or incites the complainant to engage in an activity
  • the activity is sexual
  • the complainant is under 16 and the defendant does not reasonably believe they are over 16
  • the complainant is under 13
  • stripping for someone’s gratification is included
  • the incitement is complete even if the act being invited does not take place
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16
Q

What is the offence of sexual activity in the presence of a child?

A

A person aged 18 or over who…

  • intentionally engages in an activity
  • that activity is sexual
  • FOR THE PURPOSE OF SEXUAL GRATIFICATION they engage in it
  • when the complainant is present or in a place where they can be observe the defendant AND
  • the defendant knows or believes the complainant is aware or intends they should be aware

AND

  • the complainant is under 16 and the defendant does not reasonably believe they are over 16
  • the complainant is under 13
  • this includes the complainant looking at them directly or through a camera
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17
Q

What is the offence of causing a child to watch a sex act?

A

A person aged 18 or over who

  • FOR THE PURPOSE OF GAINING SEXUAL GRATIFICATION
  • intentionally causes the complainant to watch a THIRD PARTY engage in sexual activity or to look an image of sexual activity
  • the complainant is under 16 and the defendant does not believe they are over 16
  • the complainant is under 13
  • images includes imaginary persons (cartoons)
  • displaying images for educational or medical reasons would not be FOR sexual gratification so would not constitute an offence
  • the gratification does not need to be immediate; you can show images to a child to manipulate them for sexual abuse/you gratification later as long as the end game is your gratification
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18
Q

What is arranging of facilitating a child sexual offence?

A

A person who…

  • arranges or facilitates some that
  • they intend to do
  • intends another to do
  • believes another person will do
  • ANYWHERE IN THE WORLD

…and doing so will involve the commission of a child sexual offence

  • it does not matter if the offence takes place
  • this includes procuring children for offences and making travel arrangements for someone to commit an offence
  • there is an exemption for people such as aid workers giving condoms to children for their protection
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19
Q

What is the offence of meeting a child following grooming?

A

A person aged 18 or over who…

  • has met of communicated with the complainant on ONE OR MORE occasions
  • intentionally meets the complainant
  • travels to meet the complainant ANYWHERE IN THE WORLD
  • arranges to meet the complainant ANYWHERE IN THE WORLD
  • the complainant travels to meet the defendant ANYWHERE IN THE WORLD
  • the defendant intends to do anything with the complainant that would amount to a child sexual offence
  • the complainant is under 16 and the defendant does not reasonably believe they are over 16
  • family gatherings and youth activities do count as prior meetings
  • prior communications do not need to be sexual
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20
Q

What is the offence of sexual communication with a child?

A

A person aged 18 or over who…

  • for the purpose of OBTAINING SEXUAL GRATIFICATION
  • intentionally communicated with the complainant
  • the communication is sexual or
  • intended to encourage the complainant to make a sexual communication
  • the complainant is under 16 and the defendant does not reasonably believe they are over 16
  • the gratification does not need to happen then and there and can be used to gain gratification later
  • the need for gratification removes criminalising people who speak to children genuinely where conversations might have a sexual nature (a doctor, etc)
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21
Q

What is the offence of abuse of a position of trust?

A

These can be committed by a person aged 18 or over, against children under 18 (so 16 and 17 too)

The offence covered are on PAGE 131!

Examples of a position of trust are…

  • where a child is detained at a young offenders institution or secure training centre
  • foster care, residential care, social housing or semi-independent accommodation
  • NHS, private or voluntary accommodation due to sickness
  • educational institutions
  • an exemption exists where the defendant and complainant are lawfully married and in a legal sexual relationship
22
Q

What is the offence of sexual activity with a family member?

A

Where a person…

  • intentionally touches the complainant
  • the touching is sexual
  • the defendant has a qualifying relationship to the complainant
  • the defendant knows or aught to know such a relationship exists
  • the complainant is under 18 and the defendant does not reasonably believe they are over 18
  • the complainant is under 13

Relationships include…

  • the DEFENDANT is the complainants parent, grandparent, brother, sister, half brother, half sister, aunt or uncle
  • the defendant is (or has been) the complainants foster parent
  • of them has been the others step parent
  • they are cousins
  • they have been step brother or sister
  • they have the same parent or foster parent
23
Q

What is the offence of inciting a family member to engage in sexual activity?

A

Any person who…

  • intentionally incites the complainant to touch or allows themselves to be touched
  • the touching is sexual
  • a relearn family relationship exists
  • the defendant known me or aught to know such a relationship exists
  • the complainant is under 18 and the defendant does not reasonably believe they are over 18
  • the complainant is under 13
  • it does not matter if the touching takes place after incitement
  • the defendant can be any age
  • it is irrelevant that the child consents or not to the touching
24
Q

What is a photograph?

A

Any image but can also include…

  • the negative
  • data which is capable of being restored or created into an image
  • a tracing of an image
  • pseudo-photographs - these being child like images or where parts of the images are of a child and other parts contain adult parts
25
Q

What sort of ways can you possess/create indecent images?

A
  • downloading them off the internet is “making” them
  • when you view them online you will be “making” as a copy is downloaded into your screen
  • possessing them by copying them to your hard drive
  • any person with images and knowledge they were going to be downloaded by others would have them with a view to distribute
  • receiving an unsolicited image is not an offence if you do not know what it was you were receiving
  • if you delete the image and wipe it from existence so that it cannot be retrieved you will not be in possession at that time
26
Q

What is the offence if indecent photographs?

A

Any person who…

  • takes
  • permits
  • makes
  • any indecent image or pseudo-image of a child (under 18)
  • distributes or shows them
  • publishes or causes to publish any advertisement conveying the notion they are distributing or showing them or intends to do so
  • parts with possession or exposes the image or offers it for acquisition
  • It is a defence to prove a legitimate reason to distribute or show them
  • it is a defence that you did not know you had the images or that they were indecent. This defence is invalid when you realise what they are and still distribute
27
Q

How does marriage and legitimate relationships effect the making of images?

A

This applies to taking and making images only and only if they are married or living together in an enduring family relationship.

If the person making or taking the image is in such a relationship at the time and the image shows only the child or the child with him and NO ONE ELSE. It is a valid defence.

The child must be 16 or over and consent to the images or the defendant reasonably believes they do.

If you show or distribute these images to anyone else under any circumstance, other than the child in them, you commit an offence

28
Q

What is the offence of possession of an indecently image of a child?

A

Any person who…

  • has an indecent image or pseudo-image of a child (under 18) in their possession

…is guilty of an offence.

Defences to this are…

  • you did not see it so did not realise it was an indecent image and no reason the suspect it was indecent
  • that you had a legitimate reason to have it
  • that you were sent it, without requesting it, and did not keep it for an unreasonable amount of time

*the defence of being married/in a legitimate relationship with a child over 16 apply to both possession and obtaining the image

29
Q

What is the offence of possession of a prohibited image of a child?

A

It is an offence to be in possession of a prohibited image of a child (under 18)

For this to apply the image must be pornographic and grossly offensive, disgusting or obscene. This will include…

  • any image that focuses of the genitalia or anus OR
  • sexual activity with or in the presence of a child
  • masterbation by, of or in the presence of the child
  • penetration of the vagina or anus of the child by anything
  • a sexual act by the child on an animal (dead, alive or imaginary) or someone doing an act in the presence of a child
  • the child or other person can be imaginary/cartoons
  • this does not include “regular” indecent images, only the very offensive
  • the defences to this are the same for possessing indecent images
  • that you had not seen the image and had no reason to believe it was indecent
  • that you were sent it without request and did not keep it for an unreasonable period of time
  • that you had a legitimate reason for possession
30
Q

What is the offence of sexual exploitation of a child?

A

Any person who

  • intentionally obtains for themselves
  • sexual services of the complainant
  • BEFORE OBTAINING them he has made or promised payment to
  • the complainant
  • a third party
  • knows that a third party has made or promised payment
  • if the child is under 13, the offence is complete, if they are under 18, the defendant must not reasonably believe the child was over 18
  • payment includes goods or drugs or discounts in exchange for sex
31
Q

What is the offence of causing, inciting, arranging or facilitating sexual exploitation of a child?

A

Any person who…

  • intentionally causes or incites the complainant to be sexually exploited anywhere in the world
  • intentionally controls the activities of another in relation to the exploitation of the complainant anywhere in the world
  • intentionally arranges or facilitates the exploitation in any part of the world of the complainant

Exploitation occurs where the complainant either…

  • offers sexual services to another for payment or the promise of payment to them or another
  • an indecent image is recorded
  • to invite exploitation does not need the exploitation to happen
  • if the child is under 13 the offence is complete, if they are under 18 the defendant must have reasonably known they were not not over 18
32
Q

What are the police powers in relation to hotels concerned with child exploitation?

A

An officer of AT LEAST THE RANK OF INSPECTOR can serve a notice of the owner, operator or manager of a hotel they reasonably believe to be involved in the preparation of, or direct exploitation of children (offences covered found in page 142)

The notice must be in writing and specify the hotel, the date it comes in effect, the date it expires, it’s period of effect, which can be no more than 6 MONTHS, and dates where the required information must be provided on.

An establishment issued with this must provided details of the guests, which includes names and addresses

33
Q

What is the offence of possession of a paedophile manual?

A

It is an offence to be in possession of anything containing advice or guidance of how to sexually abuse children.

Defences to this include…

  • a legitimate reason to posses the item
  • that you had not looked at/listened to it and have no reason to believe it contained such advice or guidance
  • that you received it without your request and then did not keep it for an unreasonable amount of time
34
Q

What is the offence of sexual activity with a mentally disordered person?

A

Any person who…

  • intentionally touches the complainant
  • that touching is sexual
  • the complainant is unable to refuse due to a mental impairment
  • the defendant knows or could be expected to know that person has such a disorder and as a result is unable to refuse
35
Q

What is the offence of causing or inciting a person with a mental disorder into sexual activity?

A

Any person who…

  • intentionally causes or incites the complainant into an activity
  • that activity is sexual
  • the complainant is unable to refuse due to a mental disorder
  • the defendant knows or could be reasonably expected to know they have such a disorder and would be unable to refuse due to it
36
Q

What is the offence of engaging in sexual activity in the presence of a person with a mental disorder?

A

Any person who…

  • intentionally engages in an activity
  • the activity is sexual
  • for THEIR SEXUAL GRATIFICATION they do so
  • in the presence of the complainant
  • from a place the complainant can observe them
  • they do so knowing or intending the complainant is aware of what they are doing
  • the complainant cannot refuse because of a mental disorder
  • the defendant knows they cannot refuse, or should reasonably be expected to know they cannot, because of the disorder
37
Q

What is the offence of causing a person with a mental disorder to watch sexual activity?

A

Any person who…

  • FOR THEIR OWN GRATIFICATION, intentionally causes the complainant to watch any activity involving a 3rd party or any image of an activity
  • the activity is sexual
  • the complainant cannot refuse due to a mental disorder
  • the defendant knows or should reasonably know the complainant has such a disorder and cannot refuse because of it
38
Q

What is a prostitute?

A

Any person who…

  • wether compelled to or not
  • on at least one occasion
  • offers or provides sexual services to another
  • in exchange for payment to them or another
39
Q

What is the offence of causing, inciting or controlling prostitution?

A

Any person who INTENTIONALLY…

  • causes or incites any person into prostitution ANYWHERE IN THE WORLD
  • controls the activity of any person in relation to their prostitution
  • with the expectation of gain for themselves or another
  • this can include exchanging the sexual services of another with a drug dealer with the expectation that they will supply discounted drugs.
  • no exchange or benefit needs to take place, just the want/expectation it will.
40
Q

What is the offence of paying for the sexual services of a prostitute subject to force?

A

A person who…

  • makes or promises payment for the sex services of a prostitute; the complainant
  • someone has made exploitative conduct towards the complainant to get her to provide the services the defendant is paying for
  • this person has made engaged in this conduct for their gain or another’s
  • it does not matter where in the world the services are provided
  • it does not matter if the defendant is aware or should be aware of the exploitation
  • exploitation is where force, threats, coercion or deception are employed
41
Q

What is the offence of kerb crawling?

A

Any person who…

  • is on a street or public place to solicit the sexual services of a prostitute
  • this includes being in a car on a public road or street
  • it is an offence on the 1st occasion rather than second onwards
42
Q

WhT is the offence of administering a substance with intent?

A

Any person who…

  • intentionally administers or causes to administer
  • any substance
  • to or to be taken by another person
  • knowing they do not consent
  • to stupidly or overpower that other
  • so as to allow any person to engage in sexual activity with that complainant
  • this would cover spiking a soft drink with alcohol
  • this would NOT include encouraging someone to drink alcohol to get them drunk
  • this includes encouraging a third party to spike a drink on your behalf
  • the sexual activity can be anything sexual with anyone and does not even need to take place as long as the intent is there
43
Q

What is the offence of committing a criminal offence with intent to commit a sexual offence?

A

Any person who commits an offence with the intent to commit a relevant sexual offence.

This includes most sexual offences but NOT ones under the protection of children act (indecent new images)

44
Q

What is the offence of trespass with intent to commit a sexual offence?

A

Any person who…

  • is a trespasser on any premises
  • intends to commit a relevant sexual offence
  • he knows that he is , or is reckless as to being, a trespasser
  • this does not include indecent images of children offences
  • PREMISES INCLUDES: garden, tent, vehicle, vessel or other temporary or moveable structure
  • an offence can be committed at any time the intention is formed whilst trespassing
45
Q

What is the offence of exposure?

A

Any person who

  • intentionally exposes their genitals
  • intends to cause someone who sees them to be alarmed or distressed
  • this can be committed ANYWHERE
  • buttocks are not included
  • breasts are not included
46
Q

What is the offence of outraging public decency?

A

It is an offence to commit acts of lewd, obscene or disgusting nature and outrage public decency

  • the intent of the defendant is not relevant; only the act. So if they intended by doing an act, to get someone else to do a lewd act, but their act is not lewd, it will not count.
  • the act must be committed where the public can see and must be possible that more than one person could have seen it
  • it’s is not necessary to show that someone was actually annoyed by this act
47
Q

What is the offence of voyeurism?

A

Any person who…

  • for the purposes of their sexual gratification
  • observes another
  • doing a private act (including looking at an image)
  • he knows the other person does not consent to being observed for that persons SEXUAL GRATIFICATION, HUMILIATION, ALARMING OR DISTRESSING

…Or…

  • operates any equipment
  • with the intention of enabling another to observe
  • for the purpose of that persons sexual gratification
  • a third person doing a private act
  • he knows that person does not consent to the operating of the equipment for that reason

…Or…

  • he records another person doing a private act
  • with the intention he or another will look at the image for their sexual gratification (it does not matter if they do not know they do not consent)
  • he knows that person does not consent to the recording of the act for that purpose
  • the act is private if it is normally done in private and involves exposed genitals, buttocks or breasts or just covered by underwear, using the lavatory or is a sexual act
48
Q

What is the voyeurism offence if upskirting?

A

Any person who…

  • operates and equipment beneath the clothing of another
  • for theirs or another’s SEXUAL GRATIFICATION OR TO ALARM, DISTRESS OR HUMILIATE
  • to observing the genitals or buttocks (covered or not) or underwear
  • and does so without their consent
  • without reasonably believing they consent

…Or for the above reasons…

Records an image beneath clothing that they or another will look at

49
Q

What is the offence of sexual activity in a public bathroom?

A

Any person who…

  • in a bathroom the public or a section of it has access to, on payment or a otherwise
  • does an act
  • that act is sexual
50
Q

What is the offence of possession of extreme pornographic images?

A

It is an offence to be in possession of an extreme pornographic images

These include…

  • grossly offensive, disgusting or otherwise of obscene character
  • it involves anything off the list on page 156
  • defences for this include a legitimate reason for having it, not knowing what it was and no reasonable reason to know and not requesting the image and being sent it and not keeping it for an unreasonable time period
51
Q

What is the offence of “revenge porn”?

A

Any person who…

  • discloses private sexual images of made
  • without the consent of any individual who appears in the image
  • with the intention of causing THAT INDIVIDUAL distress
  • you can disclose it to the person in the images alone
  • if more than one person appears in it and you disclose to one of them the image with the intent to cause a different person in it distress, this can still be an offence
  • disclosure is the sending, showing or making available the image by any means at all.

Defences include that disclosure took place…

  • for the purpose of prevention or detection of crime
  • as a journalistic publication in the public interest
  • that it has previously been disclosed by another for reward

Crime (16 decks)

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