Sexual Offences Act 2003

Question 1

Rape

Section 1 Sexual Offences Act 2003

Definition
‘’A person commits an offence if, (a) he intentionally penetrates the vagina, anus or mouth of another person (B)) with his penis, (b) B does not consent to the penetration and (c) A does not reasonably believe that B consents’’

Answer 1

Can only be committed by a man but the victim can be either man or female.

Offender must be over 10 but victim any age

Triable Indictment
Life imprisonment

Question 2

Assault by penetration

Sect 2 Sexual Offences Act 2003

Definition
A person (A) commits an offence if (a) he intentionally penetrates the vagina, or anus of another person (B) with a part of his body or anything else, (b) the penetration is sexual, (c) B does not consent to the penetration and (d) A does not reasonably believe that B consents

Answer 2

Penetration can be performed with any body part (Fingers, Tongue) and also performed by foreign objects

Triable indictable
Life imprisonment

Must be sexually motivated.

Question 3

Sexual Assault

Section 3

Definition
A person (A) commits and offence if, (a) he touches another person (B), (b) the touching is sexual, (c) B does not consent to the touching and (d) A does not reasonably believe that B consents’’

Answer 3

This offence replaces the old ‘Indecent assault

Requires actual touching

Triable Either Way
Up to 10 years imprisonment

Question 4

Causing a Person to Engage in Sexual Activity without Consent

Sect 4 Sexual Offences Act 2003

Definition
A person (A) commits an offence if, (a) he intentionally causes another person (B) to engage in an activity, (b) the activity is sexual, (c) B does not consent to engaging in the activity and (d) A does not reasonably believe that B consents

Answer 4

Offences include, forcing someone to carry out a sexual act on them, even with a third partner.

Indictable (If penetration involved), or Either Way

Up to life imprisonment

Question 5

Sexual Activity with a Child

Sect 9 Sexual Offences Act 2003

Definition
A person over 18 (A) commits an offence if, (a) he touches another person (B), (b) the touching is sexual and (c) either, (i) B is under 16 and A does not reasonably believe that B is 16 or over, or (ii) B is under 13

Answer 5

A child under cannot consent in any circumstances

Question 6

Meeting a Child Following Sexual Grooming

Sect 15 Sexual Offences Act 2003

Definition
A person aged over 18 or over A commits an offence if, (a) A has met or communicated with another person (B) on one or more occasion and subsequently – (i) A intentionally meets B, (ii) A travels with the intention of meeting A in in part of the world or,(iii) B travels with the intention of meeting A in any part of the world, (b) A intends to do anything to or in respect of B, during or after the meeting mentioned in paragraph (a)(i) to (iii) and in any part of the world, which if done will involve the commission by A of a relevant offence, (c) B is under 16 and (d) A does not reasonably believe that B is 16 or over

Answer 6

There must be at least 2 instances of communications, whether it’s face to face or otherwise, they do not need to be of a sexual nature.

Triable either way

Maximum 10 years imprisonment

Question 7

Sexual Communication with a Child

Sect 15A Sexual Offences Act 2003

Definition
A person 18 or over (A) commits and offence if, (a) for the purpose of obtaining sexual gratification, A intentionally communicates with another person (B), (b) the communication is sexual or is intended to encourage B to make, whether to A or another, a communication that is sexual and (c) B is under 16 and does not reasonably believe that B is 16 or over

Answer 7

Must be sexual or encouraging to make the recipient to make sexual communication

Triable Either Way

Up to 2 years imprisonment