Sexual Offences Against Children Flashcards
What is Section 9 of the SOA 2003? And what are the points to prove?
Offence:
Sexual activity with a child.
P2P:
1. A person over 18
2. Intentionally sexually touches a person.
3. The person is Under 16 or Under 13.
Does someone have a defence if the victim is under the age of 13
No.
Does someone have a defence if the victim is under the age of 16
Yes - but only if they reasonably thought the victim was 16 and over (But the victim in fact must be no younger than 13)
Is kissing a sexual act?
Yes
What is the difference between section 8 SOA and section 10 SOA?
Section 10 is a child (Under 116)
Section 8 is a child under 13
What is Section 11 of the SOA and the points to prove?
Offence:
Sexual Activity in the presence of a child.
P2P:
Someone over 18 engages in an act that is sexual, for the purpose of sexual gratification it is in the presence of a child Under 16.
For the offence of Sexual Activity in the presence of a child (S.11 SOA) does the child have to physically watch the act?
No - It can be purely from a place where the child could see the act.
What is Section 12 SOA? and what are the points to prove for this offence?
Offence:
Causing a child to watch a sexual activity.
P2P:
A person over the age of 18 causes a child under 16 to watch a sexual activity for the purpose of the adults sexual gratification.
For the offence of causing a child to watch a sexual activity, must they actually see the activity?
Yes.
For the offence of causing a child to watch a sexual activity, can hearing a sexual activity suffice?
No.
For the offence of causing a child to watch a sexual activity, does the sexual gratification have to be immediate?
No.
To commit the offence of arranging or facilitating child sex offences, can it be for another?
Yes.
To commit the offence of arranging or facilitating child sex offences, can it be committed anywhere in the world?
Yes.
For the offence of MEETING A CHILD FOLLOWING SEXUAL GROOMING, how many times must the offender meet or communicate with the child prior to the arrangement?
One or more.
Regarding the offence of sexual communication with a child, can the communication intend to make the victim communicate back sexually?
Yes
For the Abuse of Trust offences, how old is the victim for the purpose of these offences?
Under 18 years old.
If a 25 year old school teacheris married to a 16 year old, and they engage in sexual activity, does the 25 year old commit an abuse of trust offence?
No - There is a defence if they were married prior to the offence. (if the relationship pre-dated the position of trust)
For the offence of paying for sexual services of a child, what does payment mean?
Any financial advantage.
For the offence of arranging sexual exploitation of children, where can this offence take place?
In any part of the world
Does the adult offender have to gain from arranging sexual explotation of children?
No.
An officer of what rank can service a written notice to either the manager, owner or operator of a hotel requesting information about hotel guests?
Inspector or above - but only when there is a charge for accommodation.
Regarding the offence of a written notice to obtain information about hotel guests, how long does this notice last for?
6 Months.
In response to providing information about hotel guests notices, is it an offence to intentionally provide incorrect information?
Yes
Who is required to prosecute for possession of a peadophile manual?
The dpp.
Regarding the offence of being in possession of a peadophile manual, if the defendant had not read it, and did not know the contents that it contained instructions on how to abuse children, would that constitute as an offence?
No.
Who has to authorise possession of prohibited images of a child?
The DPP.
Is it an offence tho be in possession of an undeveloped film of child indecent images?
No.
