Sexual Offences against Children

Question 1

Sexual activity with a child

Answer 1

s9 Sexual Offences Act 2003

(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 (proof of age required) and A does not reasonably believe that B is 16 or over, or
(ii) B is under 13 (no defence available).

(2) A person guilty of an offence under this section, if the touching involved—
(a) penetration of B’s anus or vagina with a part of A’s body or anything else,
(b) penetration of B’s mouth with A’s penis,
(c) penetration of A’s anus or vagina with a part of B’s body, or
(d) penetration of A’s mouth with B’s penis,

Penalty:

• Summarily– 6 months and/or fine.
• Indictment– 14 years (if s2 = 14 years)

Question 2

Causing or inciting a child under 16 to engage in sexual activity

Answer 2

s10 Sexual Offences Act 2003

(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.

Penalty:

• Summarily– 6 months and/or fine.
• Indictment– 14 years (if s2 = 14 years)

Question 3

Engaging in sexual activity in the presence of a child

Answer 3

s11 Sexual Offences Act 2003

(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 (doesn’t actually have to be a witness), 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.

Penalty:

• Summarily– 6 months and/or fine.
• Indictment– 10 years

Question 4

Causing a child to watch a sexual act

Answer 4

s12 Sexual Offences Act 2003

(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.

Penalty:

• Summarily– 6 months and/or fine.
• Indictment– 10 years

Question 5

Offences under s9 to 12 can only be committed by a person of what age?

Answer 5

18+

Question 6

If a person under 18 commits an offence of anything under s9, 10, 11 and 12 they are liable to what?

Answer 6

s13 Sexual Offences Act 2003

Allows offences to be committed by a child/ young person.

Penalty:

• Summarily– 6 months and/or fine.
• Indictment– 5 years

Question 7

Arranging or Facilitating the Commission of a Child Sex Offence

Answer 7

s14 Sexual Offences Act 2003

(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 9 to 13.

Penalty:

• Summarily– 6 months and/or fine.
• Indictment– 14 years

Question 8

Meeting a Child Following Sexual Grooming

Answer 8

s15 Sexual Offences Act 2003

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.

Penalty:

• Summarily– 6 months and/or fine.
• Indictment– 10 years

Question 9

Sexual Communication with a Child

Answer 9

s15A Sexual Offences Act 2003

(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 to another) a communication that is sexual, and
(c) B is under 16 and A does not reasonably believe that B is 16 or over.

Penalty:

• Summarily– 6 months and/or fine.
• Indictment– 2 years

Question 10

Abuse of position of trust offences

Answer 10

A person commits an offence under s16 to 19 when they are 18+ and are in a ‘position of trust’ (e.g detained and in a young offenders institution, foster care or in a hospital).

s16: Sexual activity with a child
s17: Causing/ inciting a child to engage in sexual activity
s18: Sexual activity in the presence of a child
s19: Causing a child to watch a sexual act

Penalty:

• Summarily– 6 months and/or fine.
• Indictment– 5 years

Question 11

Sexual Activity with a Child Family Member

Answer 11

s25 Sexual Offences Act 2003

(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 (must be proved),
(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.

Penalty:

• Summarily– 6 months and/or fine.
• Indictment– 14 years (if s2 = 14 years)
• If defendant is under 18 (I = 5 yrs, S = 6 mths)

Question 12

Inciting a Child Family Member to Engage in Sexual Activity

Answer 12

s26 Sexual Offences Act 2003

(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.

(2) A person guilty of an offence under this section, if the touching involved—
(a) penetration of B’s anus or vagina with a part of A’s body or anything else,
(b) penetration of B’s mouth with A’s penis,
(c) penetration of A’s anus or vagina with a part of B’s body, or
(d) penetration of A’s mouth with B’s penis,

Penalty:

• Summarily– 6 months and/or fine.
• Indictment– 14 years (if s2 = 14 years)
• If defendant is under 18 (I = 5 yrs, S = 6 mths)

Question 13

Paying for Sexual Services of a Child

Answer 13

s47 Sexual Offences Act 2003

(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, and
(c) either—
(i) B is under 18, and A does not reasonably believe that B is 18 or over, or
(ii) B is under 13.

Penalty:

• Summarily– 6 months and/ or fine.
• Indictment– 14 years
• If victim under 16 and (2) applies = 14 years
• If victim under 13 = Life Imprisonment

Question 14

Causing, Inciting, Arranging or Facilitating the Sexual Exploitation of Children

Answer 14

Sexual Offences Act 2003

A person commits an offence if…

s48: Intentionally causes or incites another person to be sexually exploited in any part of the world.
s49: Intentionally controls any of the activities of another person relating to their sexual exploitation in any part of the world.
s50: Intentionally arranges or facilitates sexual exploitation in any part of the world of another person.

Penalty:

• Summarily– 6 months and/ or fine.
• Indictment– 14 years

Question 15

s116 of the Anti-social Behaviour, Crime and Policing Act 2014 confers a power on a police officer, of at least rank inspector, to do what?

Answer 15

Serve 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 or connected with it.

(5) The only information a constable may require…
(a) Guests’ names and addresses;
(b) Other information about guests that—
(i) Is specified in regulations made by the Secretary of State, and
(ii) Can be readily obtained from one or more of the guests themselves.

Question 16

What legislation allows for the prosecution of British citizens and UK residents for sexual offences against children committed abroad?

Answer 16

s72 and sch 2 of the Sexual Offences Act 2003

(1) If—
(a) A United Kingdom national does an act in a country outside the United Kingdom, and
(b) the act, if done in England and Wales would constitute a sexual offence to which this section applies…

…the United Kingdom national is guilty in England and Wales of that sexual offence.

Question 17

Rob is 19 years old. He has overheard his younger brother Charlie (14) speaking on his gaming console. Charlie says that ‘babies are made by having sex up the bum’. Rob concerned at this statement finds some softcore pornography and shows a 5-second clip to Charlie of a couple having sex. He then explains to Charlie how babies are made.

Has the offence of causing to watch a sex act occurred?

Answer 17

No, it has not.

The older brother is showing the younger brother an image for education reasons.

He is not doing it for the purpose of ‘obtaining sexual gratification.’

Question 18

What does the offence of Arranging or Facilitating the Commission of a Child Sex Offence protect?

Answer 18

Designed to protect those looking after the welfare of the child:

• Protecting the child from sexual diseases.
• Protecting the child’s physical safety.
• Preventing the child from falling pregnant.
• Promoting the child’s wellbeing by giving of advice.

Because it states “Doing it will involve the commission of an offence under any of sections 9 to 13”…

For example, it protects people like healthcare workers supplying condoms to those under 16 years of age who are planning on having sex and need protecting prom pregnancy or disease

Question 19

Scott is talking to his friend Paul in a cafe. Paul says that he has always wanted to be with a 15-year-old
girl. Scott says that he has a contact in Phuket (Thailand) that can make this happen.

Scott texts his friend Bart who lives in Phuket. He asks if he can arrange this and obtain a 15-year-old girl for Paul. The message however never goes through as Bart has changed his mobile.

Has the offence of Arranging or Facilitating the Commission of a Child Sex Offence been made out?

Answer 19

• Intentionally arranges (the text)
• Intends another to do (his friend Paul)
• Believes that other person will do the act (He does)
• In any part of the world (Phuket)
• Under sections 9-13 (in this case, sexually assault a child).

Question 20

Give an example of an offence of, “Meeting a Child Following Sexual Grooming”.

Answer 20

Teddy (25 years old) meets Stan (15 years old) at his nephews birthday party. Nothing sexual is said between the two and they part ways at the end of the day.

Teddy texts Stan a week later and suggests that they meet in London. Stan agrees and they set a date. Teddy plans to have sex with him.

The offence is made out.

Question 21

Sexual Communication with a Child

Understanding the term ‘Sexual’…

Answer 21

s15A Sexual Offences Act 2003

• Any part of the conversation relates to ‘sexual activity’.
• A reasonable person in the circumstances would consider any part of the conversation as ‘sexual’.

This means that the communication must be for the amoral purpose of obtaining ‘sexual gratification’ and excludes those such as teachers educating young teenagers about safe sex.

Question 22

Gareth (24) is a drug dealer. He has a number of runners that work for him. One of his runners is Mandy (12). Mandy approaches Gareth and explains she was stopped by the Police and had his drugs seized (worth £50). Gareth reasonably believes that Mandy is over 18 and as such says to her “I’ll write off your debt if you have sex with me.” She agrees and they have sex.

Has the offence of Paying for a Sexual Service of a Child made out?

Answer 22

Yes it has.

Mandy is under 13, therefore, the offence is complete, it is irrelevant if Gareth reasonably believes her to be older, see is 12/

The writing off of a debt is covered under this offence.

Question 23

Lucinda books a hotel room in her own name, aware that her business partner Lee will be using that room to run a child prostitute in the near future. Lucinda also sets up an account with a local taxi company (although they are unaware of the situation) to bring clients to the child.

Considering the offences section 48 to 50, which of the following best fits the scenario?

Answer 23

s50: Intentionally arranges or facilitates sexual exploitation in any part of the world of another person.

Question 24

Lee makes contact with the child prostitute and directs her to the hotel room. They agree that he will take 50% of all profit she makes from her activity as a prostitute.

Considering the offences section 48 to 50, which of the following best fits the scenario?

Answer 24

s49: Intentionally controls any of the activities of another person relating to their sexual exploitation in any part of the world.

Question 25

DC Harris receives intelligence that a local hotel will be used for child prostitution. What power exists to deal with this?

Answer 25

s116 of the Anti-social Behaviour, Crime and Policing Act 2014

An officer of at least rank inspector,

Can serve a written notice to the controller of the hotel,

He reasonably believes,

Has been or will be used for child exploitation or conduct preparatory to or connected with it,

Any notice must specify the date or dates that the information you wish to be provided should cover (the dates that the guests who you are interested in, stayed in the hotel).

Question 26

For the purposes of Familial Sex Offences, what constitutes relevant family relationships?

Answer 26

s27 Sexual Offences Act 2003

• Parents
• Siblings
• Aunts and Uncles
• Grandparents
• Half siblings
• Foster parents

There are additional categories where the defendant and victim have lived in the same household, been in sole charge of the victim, involving in caring or training and:

• One has been the other’s stepparent.
• They are cousins.
• One of them has been the others stepbrother or sister.
• They have the same foster parents

Question 27

Sex with an Adult Relative: Penetration

Answer 27

s64 Sexual Offences Act 2003

(1) A person aged 16 or over (A) commits an offence if—
(a) he intentionally penetrates another person’s vagina or anus with a part of his body or anything else, or penetrates another person’s mouth with his penis,
(b) the penetration is sexual,
(c) the other person (B) is aged 18 or over,
(d) A is related to B in a way mentioned in subsection (2), and
(e) A knows or could reasonably be expected to know that he is related to B in that way.

Penalty:

• Summarily– 6 months and/ or fine.
• Indictment– 2 years and/ or fine.

Question 28

Sex with an Adult Relative: Consenting to Penetration

Answer 28

s65 Sexual Offences Act 2003

(1) A person aged 16 or over (A) commits an offence if—
(a) another person (B) penetrates A’s vagina or anus with a part of B’s body or anything else, or penetrates A’s mouth with B’s penis,
(b) A consents to the penetration,
(c) the penetration is sexual,
(d) B is aged 18 or over,
(e) A is related to B in a way mentioned in subsection (2), and
(f) A knows or could reasonably be expected to know that he is related to B in that way.

Question 29

Question: Jenny is a medical nurse. She is approached by Sandy, a 15-year-old girl in a professional capacity about an unrelated matter. Sandy boasts how she has an older boyfriend who buys her stuff and all she has to is have sex with him. Jenny tells Sandy this is wrong and encourages her to stop, go to the police of a voluntary organisation. Sandy refuses and says she loves him. She is about to leave and Jenny gives her some condoms to protect herself.

Has Jenny committed an s14 offence of Arranging or Facilitating Commission of Child Sex Offences?

Answer 29

• No she has not.
• It is specified that those looking to protect the child in such a way as:
  (a) Preventing STIs
  (b) Becoming pregnant
  (c) Befalling harm
  (d) Mindful of the child’s emotional welfare