Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Sexual Offences > sexual offences against children > Flashcards

sexual offences against children Flashcards

1
Q

Offence Sexual Activity with a Child—Sexual Offences Act 2003, s. 9

A

The Sexual Offences Act 2003, s. 9 states:

(1)
A person aged 18 or over (A) commits an offence if—

(a)
he intentionally 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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

OffenceCausing or Inciting a Child to Engage in Sexual Activity—Sexual Offences Act 2003, s. 10

A

The Sexual Offences Act 2003, s. 10 states:

(1)
A person aged 18 or over (A) commits an offence if—

(a)
he intentionally causes or incites another person (B) to engage in an activity,

(b)
the activity 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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

sexual offences -
what must the prosecution prove with SA against children?

A

that if the child is between 13-16 yo that D knew/believed the child to be under 16.

*The incitement constitutes an offence whether or not the activity incited actually takes place.
**Whether or not the child consented to the activity caused or incited, or to the incitement, is irrelevant.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

children under 13 yo cannot consent to any sexual activity - true/false?

A

true

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

children between 13-16 can consent to SA with an offender 18+

true or false?

A

false - the offender is still guilty regardless of the child’s consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Offence:
Engaging in Sexual Activity in the Presence of a Child—Sexual Offences Act 2003, s. 11

A

The Sexual Offences Act 2003, s. 11 states:

(1)
A person aged 18 or over (A) commits an offence if—

(a)
he intentionally engages in an activity,

(b)
the activity is sexual,

(c)
for the purpose of obtaining sexual gratification, he engages in it—

(i)
when another person (B) is present or is in a place from which A can be observed, and

(ii)
knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it, and

(d)
either—

(i)
B is under 16 and A does not reasonably believe that B is 16 or over, or

(ii)
B is under 13.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Engaging in Sexual Activity in the Presence of a Child - what are main intentions/mens rea for this offence

A

the act must be sexual and the offender must gain sexual gratification knowing that the act is observed by a child.

the offender must believe the child to be under 16yo.

the child (B) does not necessarily need to be aware, as offender (A) can intend for (B) to be aware of the sexual activity.

can also be viewed via camera/video/image

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Causing a Child to Watch a Sexual Act—Sexual Offences Act 2003, s. 12

A

The Sexual Offences Act 2003, s. 12 states:

(1)
A person aged 18 or over (A) commits an offence if—

(a)
for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,

(b)
the activity 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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Arranging or Facilitating Commission of Child Sex Offence—Sexual Offences Act 2003, s. 14

A

The Sexual Offences Act 2003, s. 14 states:

(1)
A person commits an offence if—

(a)
he intentionally arranges or facilitates something that he intends to do, intends another person to do, or believes that another person will do, in any part of the world, and

(b)
doing it will involve the commission of an offence under any of sections 5 to 13.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

what are the defences for arranging/facilitating the commission of a child sex offence?

A

Acting for the child’s protection must fall within one of the following:

protecting the child from sexually transmitted infection;

protecting the physical safety of the child;

preventing the child from becoming pregnant; or

promoting the child’s emotional well-being by the giving of advice, and not for obtaining sexual gratification or for causing or encouraging the activity constituting the relevant child sex offence or the child’s participation in it. This statutory exception (contained in s. 14(2) and (3)) covers activities such as health workers supplying condoms to people under 16 who are intent on having sex in any event and need protection from infection.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Meeting a Child Following Sexual Grooming—Sexual Offences Act 2003, s. 15

A

The Sexual Offences Act 2003, s. 15 states:

(1)
A person aged 18 or over (A) commits an offence if—

(a)
A has met or communicated with another person (B) on one or more occasions and subsequently—

(i)
A intentionally meets B,

(ii)
A travels with the intention of meeting B in any part of the world or arranges to meet B in any 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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Meeting a Child Following Sexual Grooming -
the communication does not need to be sexual in nature before the meeting?

true or false

A

true - any communication suffices.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Sexual Activity with Child Family Member—Sexual Offences Act 2003, s. 25

A

The Sexual Offences Act 2003, s. 25 states:

(1)
A person (A) commits an offence if—

(a)
he intentionally touches another person (B),

(b)
the touching is sexual,

(c)
the relation of A to B is within section 27,

(d)
A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and

(e)
either—

(i)
B is under 18 and A does not reasonably believe that B is 18 or over, or

(ii)
B is under 13.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Offence Sexual Communication with a Child—Sexual Offences Act 2003, s. 15A

A

The Sexual Offences Act 2003, s. 15A states:

(1)
A person aged 18 or over (A) commits an 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 A does not reasonably believe that B is 16 or over.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Inciting Sexual Activity with a Child Family Member—Sexual Offences Act 2003, s. 26

A

The Sexual Offences Act 2003, s. 26 states:

(1)
A person (A) commits an offence if—

(a)
he intentionally incites another person (B) to touch, or allow himself to be touched by, A,

(b)
the touching is sexual,

(c)
the relation of A to B is within section 27,

(d)
A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and

(e)
either—

(i)
B is under 18 and A does not reasonably believe that B is 18 or over, or

(ii)
B is under 13.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

child familial sexual offences -

child’s consent is irrelevant - true or false?

A

true. regardless of childs consent the offence is complete

16
Q

child familial sexual offence -

inciting a child family member to engage in sexual activity…

eg A (adult) encourages B (child) to masturbate A. But they are disturbed before the touching occurs. Has A committed the offence above?

A

Yes. The intention was to incite/encourage B to engage in sexual activity. regardless of any touching and whether B was going to do this or not. the offence is complete as it was A’s intention.

17
Q

Indecent Photographs—Protection of Children Act 1978, ss. 1, 1A and 1B

describe and discuss the defenses for each section

A

S1(1)(a) take/make. DEFENCE - consent, or prevention, detection or investigation of crime and D was part of SIS

S1(1)(b) distribute/show/permit others to view. DEFENCE - only showed the child.

S(1)(c) possess with intent to distribute/
publish or advertise the distribution of IIOC or pseudo-IIOC. DEFENCE - consent + only showed the child.

18
Q

s160 criminal justice act 1988 -
possession of IIOC

name the different categories

A

for possession and personal use only

cat a - penetrative SA/ SA with animals or Sadism

cat b - non penetrative SA

cat c - IIOC not ca a or cat b

19
Q

defenses for IIOC

A

1) marriage/other relationship…

a) 16years + AND at the time of the offence…
b) were married/civil partnership OR
c) living together as enduring family relationship

child MUST be alone or with D. CANNOT be with another person

MUST have childs (16yo) consent

20
Q

Possession of Prohibited Images of Children—Coroners and Justice Act 2009, s. 62

A

The Coroners and Justice Act 2009, s. 62 states:

(1)
It is an offence for a person to be in possession of a prohibited image of a child.

(2)
A prohibited image is an image which—

(a)
is pornographic,

(b)
falls within subsection (6), and

(c)
is grossly offensive, disgusting or otherwise of an obscene character.

21
Q

Paying for Sexual Services of a Child—Sexual Offences Act 2003, s. 47

A

The Sexual Offences Act 2003, s. 47 states:

(1)
A person (A) commits an offence if—

(a)
he intentionally obtains for himself the sexual services of another person (B),

(b)
before obtaining those services, he has made or promised payment for those services to B or a third person, or knows that another person has made or promised such a payment.

22
Q

what constitutes as payment?

A

Payment means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount (s. 47(2)). This would include situations where the child victim is given drugs or other goods/services at a cheaper rate in exchange for sexual services from the child.

23
Q

Causing, Inciting, Controlling, Arranging or Facilitating the Sexual Exploitation of Children—Sexual Offences Act 2003, ss. 48 to 50

A

s48 - causing/inciting
s49 - controlling
s50 - arranging/facilitation

child doesnt need to have become a prostitute or engaged in pornography

childs consent is irrelevant

no need to prove the defendant gained anything from this

24
Q

S116 ASB crime and policing act 2014
- describe

A

this allows a PC of at least Insp rank to issue a notice to hotels/guest houses on guest details where they reasonably BELIEVE that CSE has occurred or is likely to occur.

must be in writing
lasts up to 6 months
can ascertain names/addresses or info which is readily available from guests

25
Q

offenders outside the UK - who is liable under sexual offences act 2003?

A

under S72 - all UK citizens are liable for the majority of offences if it was committed abroad, as if they were conducted in England or Wales.

26
Q

Sexual Activity with a Person with a Mental Disorder—Sexual Offences Act 2003, s. 30

A

The Sexual Offences Act 2003, s. 30 states:

(1)
A person (A) commits an offence if—

(a)
he intentionally touches another person (B),

(b)
the touching is sexual,

(c)
B is unable to refuse because of or for a reason related to a mental disorder, and

(d)
A knows or could reasonably be expected to know that B has a mental disorder and that because of it or for a reason related to it B is likely to be unable to refuse.

27
Q

sexual offences against persons with mental disorder….
what are the two ways to show a persons ability to refuse?

A

A person is unable to refuse if:

he/she lacks the capacity to choose whether to agree to the touching (whether because of a lack of sufficient understanding of the nature or reasonably foreseeable consequences of what is being done, or for any other reason); or

he/she is unable to communicate such a choice to the defendant (s. 30(2)).

28
Q

sexual offences against persons with mental disorder….
what must you show about the defendants knowledge of the victim (2 points)

A

You must show that the defendant knew or could reasonably have been expected to know both that the victim had a mental disorder
and
that because of it (or for a reason related to it) he/she was likely to be unable to refuse.

29
Q

Causing or Inciting a Person with a Mental Disorder to Engage in Sexual Activity—Sexual Offences Act 2003, s. 31

A

The Sexual Offences Act 2003, s. 31 states:

(1)
A person (A) commits an offence if—

(a)
he intentionally causes or incites another person (B) to engage in an activity,

(b)
the activity is sexual,

(c)
B is unable to refuse because of or for a reason related to a mental disorder, and

(d)
A knows or could reasonably be expected to know that B has a mental disorder and that because of it or for a reason related to it B is likely to be unable to refuse.

30
Q

Administering Substance with Intent—Sexual Offences Act 2003, s. 61

A

The Sexual Offences Act 2003, s. 61 states:

(1)
A person commits an offence if he intentionally administers a substance to, or causes a substance to be taken by, another person (B)—

(a)
knowing that B does not consent, and

(b)
with the intention of stupefying or overpowering B, so as to enable any person to engage in a sexual activity that involves B.

31
Q

Offence
Committing Criminal Offence with Intent to Commit a Sexual Offence—Sexual Offences Act 2003, s. 62

(1) define -

(2) what does it include and exclude

A

(1) A person commits an offence under this section if he commits any offence with the intention of committing a relevant sexual offence.

(2) including aiding, abetting, counselling or procuring such an offence (s. 62(2)).

It does not extend to other sexual offences under the Protection of Children Act 1978

32
Q

Offence
Trespass with Intent to Commit a Relevant Sexual Offence—Sexual Offences Act 2003, s. 63…

define …

A

The Sexual Offences Act 2003, s. 63 states:

(1)
A person commits an offence if—

(a)
he is a trespasser on ANY premises,

(b)
he INTENDS to commit a relevant sexual offence on the premises, and

(c)
he KNOWS that, or is RECKLESS as to whether, he is a trespasser.

33
Q

Trespass with Intent to Commit a Relevant Sexual Offence

(1) Who does the S/A need to be against?

(2) when is D guilty of this offence

A

(1) occupier or ANYONE else on the premises

(2) when intention is proved - so NO sexual offence needs to actually occur. intention is made WHILE D is trespassing.
you can prove this with what the D is carrying at the time eg rope etc.

D needs to INTEND to commit the sexual offence whilst ON the premises

Sexual Offences (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions