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NIE 2024 > Sexual Offences - Against Children > Flashcards

Sexual Offences - Against Children Flashcards

1
Q

Explain sexual consent in children

A
  • 12 and under they can never consent to a sexual act
  • 13 - 15 - must show that the defendant did not reasonable believe that they were 16 or over - if so, no consent
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2
Q

Can a person under 18 commit a sexual offence?

A

s.13 Sexual Offences Act 2003 - can be committed by anyone under 18 on anyone under 16, however, there would be differing sentencing guidelines
- offence in anything under s.19 - s.12 SOA 2003

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3
Q

What are the difference between child sexual offences and adult ones?

A

If the victim is a child, a perpetrator can also be charged if they incited (encouraged) the child to commit the act

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4
Q

What is the definition of arranging or facilitating the commission of a child sex offence?

A
  • intentionally arranging or facilitating 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
  • doing it will involve the commission of an offence under any of sections 5 to 13
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5
Q

Exclusions for arranging/ facilitating the commission of a child sex offence

A

excludes the actions of those acting for the child’s protection without having any intention to facilitate the act, e.g.

  • protecting the child from sti’s
  • protecting the physical safety of the child
  • preventing the child from becoming pregnant
  • promoting emotional well being by giving advice and not for obtaining sexual gratification/ encouraging child sex
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6
Q

What is the definition of meeting a child following sexual grooming?

A
  • met or communicated with a child on one or more occasions and subsequently
  • they intentionally meet
  • he travels with the intention of meeting the child in any part of the world/ arranges to meet them in any part of the world
  • the child travels with the intention of meeting them
  • he intends to commit a sexual offence against the child during or after the meeting (this does not have to take place)
  • the child is under 16
  • the perpetrator does not reasonably believe they are under 16

(there is no requirement that either communication be sexual in nature)

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7
Q

What is the definition of sexual communication with a child?

A
  • for the purpose of obtaining sexual gratification, they intentionally communicate with a child
  • the communication is sexual or is intended to encourage the child to make a communication that is sexual
  • the child is under 16 and the person does not reasonably believe that they are 16 or over.

(the sexual communication does not need to give immediate sexual gratification, it could be that he intended to gain this in the long term)

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8
Q

What is different about a sexual offence committed by a person in a position of trust?

A
  • can be committed on a child that is under 18
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9
Q

What is defined as a position of trust?

A
  • a child is detained following conviction (YOI)
  • foster care/ residential care/ semi-independent accommodation
  • where young people with medical, physical, mental, behavioural or learning conditions may be accommodated (e.g. NHS)
  • educational institution
  • coached/ taught/ trained/ instructed in sport/ religion
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10
Q

Exception to position of trust

A

the defendant and victim were lawfully married at the time and where a lawful sexual relationship existed before the position of trust arose

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11
Q

How old is a ‘child’ in a familial sexual offence?

A

Under 18

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12
Q

What is the definition of ‘family’ in familial child sexual offences?

A
  • parent/ grandparent/ brother/ sister/ half-brother/ half-sister/ aunt/ uncle/ past or present foster parent
  • if live/ lived in same household - step-parent/ cousins/ step-brother/ step-sister/ same parent/ same foster parent
  • however, a person is not liable for familial child sex offences where a lawful sexual relationship existed before the familial relationship (e.g. step siblings) - s.29 SOA 2003
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13
Q

Indecent photographs of children

A
  • indecent photograph or pseudo-photograph
  • victim must be or appear to be under 18
  • Not the defendant’s conduct that must be indecent but the photograph of the child
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14
Q

Defences for Possessing an Indecent Image of a Child

A
  • legitimate reason for having the photograph in his possession
  • had not seen the photograph and did not know or suspect it to be indecent
  • photograph was sent to him without any prior request made by him or on his behalf and that he did not keep it for an unreasonable amount of time
  • the photograph was a child over 16 and at the time of the taking/ making, he and the child were married/ living together as partners in an enduring family relationship, the child consented to the photograph and the photograph must not show/ intend to show a person other than the child and the defendant
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15
Q

S.25 Sexual Offences Act 2003 - Sexual Activity with a Child Family Member

A
  • prosecution must prove that the defendant touched the victim and that the touching was sexual
  • the existence of the relevant family relationship and the age of the victim must be proved - evidential burden on the defence to discharge this
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16
Q

Sexual Activity in the Presence of a Child (S.11 SOA 2003)

A
  • Person committing the offence must be atleast 18 years old
  • Activity carried out must be sexual and carried out in order to obtain sexual gratification
  • Not necessary to show the child was aware of the activity
  • Must be a person under 16 years old present or in a place from which the defendant can be observed
17
Q

Sexual Activity with a Child

A
  • Defendant is aged 18 or over
  • Irrelevant whether the victim consented
  • Applies to victims under 16 years old
18
Q

Arranging or Facilitating a Child Sex Offence

A
  • can intend to commit the act himself or intend/ believe that another person will
  • any part of the world
  • the child does not have to agree
  • sexual activity does not need to take place
  • sexual act is s.5 - s.13 of SOA 2003
19
Q

Case Law - Indecent Images of Children

A
  • R v Smith and Jayson - making a pseudo-photograph includes voluntarily browsing through indecent images of children on and from the internet
  • R v Mould - evidence showing how a computer had been used to access paedophile news groups, chatlines and websites was relevant relating to the creation of an indecent image of a child
  • R v Bowden - downloading images from the internet will amount to making a photograph
  • R v Dooley - an image consisting of two parts of two different photographs taped together (e.g. naked adult body with a child’s head) is not a pseudo-photograph, however, if it were to be copied, it could be
20
Q

S.15 SOA 2003 - Meeting a Child Following Sexual Grooming

A
  • a person over 18
  • met or communicated with another person on one or more occasions and
  • intentionally meets/ travels with the intention of meeting/ arranges to meet in any part of the world
  • intending to do anything to the person during or after the meeting which would commission an offence
  • the victim is under 16 and the defendant does not reasonably believe that the victim is 16 or over
21
Q

S.48 (SOA 2003) - Sexual Exploitation of Children

A
  • child must be under 18 and defendant does not reasonably believe they are over 18 - or under 13
  • defendant intentionally controls any if the activities of the victim relating to their sexual exploitation in any part of the world

Sexual exploitation includes:

  • on atleast one occasion, whether or not compelled to do so, the victim provides sexual services for payment/ promise of payment to them or a third party
  • an indecent image of the victim is recorded
  • no requirement of a gain for any persons involved
22
Q

S.116 Anti-Social Behaviour, Crime and Policing Act 2014 (NOTICE)

A
  • Inspector serves a notice on the owner, operator or manager of a hotel that the officer reasonably believes has been or will be used for the purposes of child sexual exploitation or conduct preparatory to or connected with it
  • notice must be in writing and specify the hotel which it relates to, the date on which it comes into effect and the date it expires (which must be no more than six months)
  • if issued the notice, a constable may require guests names and addresses and other information - this must be made in writing, specify the period and dates required - the period must begin no earlier than the date the notice is imposed and end no later than the expiry of the notice
23
Q

Possession of a Paedophile Manual S.69 Serious Crime Act - consent for prosecution

A

Consent is required from the DPP to prosecute under this section

NIE 2024 (41 decks)

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