Sexual Offences Against Children and Person with Mental Disorder Flashcards
CHILD SEX OFFENCES
- Sexual Activity With A Child - Section 9 Sexual Offences Act 2003;
- Causing Or Inciting A Child To Engage In A Sexual Activity - Section 10 Sexual Offences Act 2003;
- Engaging In A Sexual Activity In The Presence Of A Child - Section 11 Sexual Offences Act 2003;
- Causing A Child To Watch A Sexual Activity - Section 12 Sexual Offences Act 2003;
- Arranging Or Facilitating Child Sex Offences - Section 14 Sexual Offences Act 2003;
- Meeting A Child Following Sexual Grooming - Section 15 Sexual Offences Act 2003;
- Sexual Communication With A Child - Section 15A Sexual Offences Act 2003;
- Position Of Trust Offences – Sections 16 -19 Sexual Offences Act 2003;
- Sexual Activity with Child Family Member – Sections 25 Sexual Offences Act 2003;
- Inciting Sexual Activity with Child Family Member – Sections 26 Sexual Offences Act 2003;
- Paying for Sexual Services of a Child - Section 47 Sexual Offences Act 2003;
- Causing, Inciting, Controlling, Arranging or Facilitating Child Exploitation (Via Prostitution or Pornography) - Sections 48 – 50 Sexual Offences Act 2003;
- Notices To Obtain Information About Hotel Guests – Section 116 Anti-Social, Crime & Policing Act 2014;
- Possession Of A Paedophile Manual - Section 69 Serious Crime Act 2015;
- Possession Of Indecent Photographs - Section 160 Criminal Justice Act 1988;
- Making Indecent Photographs Of Children - Section 1 Protection of Children Act 1978;
- Possession Of Prohibited Images Of Children - Section 62 Coroners & Justice Act 2009;
- Possession of Extreme Pornographic Images - Section 63 Criminal Justice and Immigration Act 2008.
Sexual Activity With
A Child
Section 9 Sexual Offences Act 2003
A person aged 18 or over commits an offence * if they:
* Intentionally touch another person;
* The touching is sexual; and
* The person touched is either:
* Under 16 - (Defence - the defendant reasonably believes
that the victim is 16 or over): or
* Under 13 - (No reasonable belief defence available).
Intentionally
Accidental Touching
No offence
The Nature Of The
Touching?
Nature?
The touching
is sexual.
Does It Matter If The
Victim Consents To
The Touching?
No
- irrelevant
Who Has Been
Touched?
Person aged under 16.
Reasonable Belief
Focus on the age of the victim.
Victim
Under 13
No
reasonable belief
defence
available.
Victim Turned 13
But Is Yet To Turn 16
Defence if they
reasonably believed
that the victim was
aged 16 or over.
What If The Defendant
Is Aged Under 18?
They will commit a specific offence under section
13 Sexual Offences Act 2003.
What If The Defendant
Is Also In A Position Of
Trust With The Victim?
They will commit a specific offence under section
16 Sexual Offences Act 2003.
Checklist
Step 1
Was the accused aged 18 or over?
*If yes — continue this test.
*If no — consider section 13.
step 2
Did the accused
intentionally
touch the victim?
Step 3
Was the touching
of a sexual nature?
Step 4 — Check The Age Of The
Victim
*Was the victim under 13 — If yes - guilty (no
defence available)
*Was the victim under 16? If yes — guilty unless
defence in step 5 applies.
Step 5 — Defence
Did the accused reasonably believe that the
victim was aged 16 or over?
* If no guilty.
*If yes — not guilty.
Causing Or Inciting A
Child To Engage In A
Sexual Activity
Section 10 Sexual Offences Act 2003
A person aged 18 or over - commits an offence if they
intentionally either
* Cause: or
* Incite:
another person who is
* Under 16 * ((Defence * the defendant reasonably believes
that the victim is 16 or over): or
* Under 13 * (No reasonable belief defence available);
…to engage in a sexual activity.
Who Will The Sexual
Activity Caused Or
Incited Be With?
2 options
The sexual activity that is either:
*Caused; or
* Incited
.can be with either:
* The defendant; or
*Another person.
Result Required?
Cause
The result of
sexual activity
is required.
Incite
No result of sexual
activity is required —
only the incitement
to cause the result.
Reasonable Belief
Focus on the age of the victim.
Victim
Under 13
No
reasonable belief
defence
available.
Victim Turned 13
But Is Yet To Turn 16
Defence if they
reasonably believed
that the victim was
aged 16 or over.
What If The Defendant
Is Also In A Position Of
Trust With The Victim?
They will commit a specific offence under section
17 Sexual Offences Act 2003.
Engaging In A Sexual
Activity In The
Presence Of A Child
Section 11 Sexual Offences Act 2003
A person aged 18 or over - commits an offence if:
* For the purpose of obtaining sexual
gratification - (i.e. to get a sexual kick out of the
act);
* They intentionally;
* Engage in a sexual activity themselves.
-when another person is either:
* Present; or
*In a place where the defendant can be
observed; and..
.the defendant either:
* Knows or believes that the other person is
aware; or
*Intending that the other person should be
aware
.that they are engaging in the sexual activity;
and..
-the other person is either:
* Under 16 - (Defence - the defendant reasonably
believes that the victim is 16 or over); or
* Under 13 - (No reasonable belief defence
available).
The Defendant Must
Be Intentionally
Performing A Sexual
Act Themselves
Nature Of The Sexual Activity?
The defendant can be intentionally performing
the sexual activity either:
*Alone (e.g. masturbating); or
*With another person (e.g. with their spouse).
The Whereabouts Of
The Sexual Act &
The Victim
Location Of The Victim?
The victim
aged under 16 must be either
present,
or
in a place from which the defendant
can be observed.
Need The Defendant & Victim Be
In The Same Room Or Building?
No
-as long as the sexual act
can be observed
from the vantage point of the victim.
Does The Victim Need
To See The Sexual
Activity Being
Performed?
No
The defendant must either:
* Know that the other person aged under 16 is aware;
* Believe that the other person aged under 16 is aware;
* Intendinq that other person aged under 16 should be
aware;
.that they are engaging in the sexual activity
The Purpose Of The
Sexual Act?
Sexual Gratification
The accused must be
performing the sexual act
from an observable position
with a view to gaining a sexual thrill
from the child aged under 16 observing
their act.
Reasonable Belief
Focus on the age of the victim.
Victim
Under 13
No
reasonable belief
defence
available.
Victim Turned 13
But Is Yet To Turn 16
Defence if they
reasonably believed
that the victim was
aged 16 or over.
What If The Defendant
Is Aged Under 18?
They will commit a specific offence under section
13 Sexual Offences Act 2003.
What If The Defendant
Is Also In A Position Of
Trust With The Victim?
They will commit a specific offence under section
18 Sexual Offences Act 2003.
Checklist
Step 1
Was the accused aged 18 or over?
*If yes — continue this test.
*If no — consider section 13.
step 2
Did the accused
intentionally engage
in a sexual activity themselves?
Step 3
Was the sexual activity capable of being observed by
a person under 16 either:
* Directly; or
* Indirectly?
NB — there IS no need for the child to actually see the
sexual act.
Step 4
Was the purpose of
performing the act
before the person under the age of 16
to gain sexual gratification
from the child seeing them
— i.e. to gain a sexual kick?
step 5 - Check The Age Of The
Victim
*Was the victim under 13 — If yes - guilty (no
defence available)
*Was the victim under 16? If yes — guilty unless
defence in step 6 applies.
Step 6 — Defence
Did the accused reasonably believe that the
victim was aged 16 or over?
*If no guilty.
*If yes — not guilty.
Causing A Child To
Watch A Sexual Act
Section 12 Sexual Offences Act 2003
A person aged 18 or over - commits an offence if:
* For purpose Of obtainina sexual gratification - (i.e. to
get a sexual kick out or the act);
* They intentionally,
* Cause another person:
* Under 16 - (Defence - the defendant reasonably
believes that the victim is 16 or over); or
* Under 13 - (No reasonable belief defence
available).
.to either:
*Watch a 3rd person engage in a sexual
activity; or
*TO look at an image Of a sexual activity.
Who Is Performing
The Sexual Activity?
The accused
is not
performing a sexual activity
themselves.
The accused is intentionally making a child
under 16 either:
*Watch a 3rd party perform a sexual
activity; or
*Look at an imaqe of sexual activity.
Nature Of The Image?
The image can be
still or moving
and can include an image of an
imaginary person.
Must The Sexual
Activity Be Seen By
The Child?
Yes
The Purpose Of The
Sexual Act?
Sexual Gratification
The accused must be showing
the child under 16
the sexual act with a
view to gaining a sexual thrill
from the child observing the act
— i.e. for sexual gratification.
Showing Images Of Sexual Activity
For An Educational Purpose
No offence
Does The Sexual
Gratification Need To
Be Derived
Simultaneously To The
Showing Of The Sexual
No - 2 junctures
Juncture 1
At the time
of the showing.
(e.g. deriving sexual gratification from the
very act of showing).
Juncture 2
After
the showing.
(e.g. to put the child in the mindset for future
sexual abuse)
Reasonable Belief
Focus on the age of the victim.
Victim
Under 13
No
reasonable belief
defence
available.
Victim Turned 13
But Is Yet To Turn 16
Defence if they
reasonably believed
that the victim was
aged 16 or over.
What If The Defendant
Is Aged Under 18?
They will commit a specific offence under section
13 Sexual Offences Act 2003.
What If The Defendant
Is Also In A Position Of
Trust With The Victim?
They will commit a specific offence under section
19 Sexual Offences Act 2003.
Checklist
Step 1
Was the accused aged 18 or over?
*If yes — continue this test.
*If no — consider section 13.
Step 2
Did the accused intentionally cause a child to view:
*A 3rd party performing a sexual act; or
*An image of a sexual act?
NB — The child must see the sexual act.
Step 3
Was the purpose of the person
causing the child to view
the act or image
to gain sexual gratification
— i.e. to gain a sexual kick?
Step 4 — Check The Age Of The
Victim
*Was the victim under 13 — If yes - guilty (no
defence available)
*Was the victim under 16? If yes — guilty unless
defence in step 5 applies.
Step 5 — Defence
Did the accused reasonably believe that the
victim was aged 16 or over?
*If no guilty.
*If yes — not guilty.
Sections 9 — 12 Sexual
Offences Act 2003
Offences & Offenders
Under 18 Years Old
Section 13 of the Sexual Offences Act 2003
Reduced Maximum Sentence
5 years
imprisonment
Arranging Or
Facilitating Child Sex
Offences
Section 14 Sexual Offences Act 2003
Definition
*A person commits an offence if they intentionally
either:
*Arrange; or
* Facilitate
..something…
..that either:
* They intend to do themselves; or
* They intend or believe another person (a 3rd
party) will do
..in any part of the world.
…and doing it
will involve the commission of an offence
under sections 9 — 13 Sexual Offences Act
2003.
Is A Result Required?
No
The offence will be complete irrespective of
whether or not the sexual activity actually takes
place.
Meeting A Child
Following Sexual
Grooming
Section 15 Sexual Offences Act 2003
6 steps
step 1 - Age Of The Offender?
The offender - (A)
must be a person
aged 18 years or over
18+
Step 2 - Initial Action?
The offender - (A) has either:
* Met; or
* Communicated
.with another person (B)
occasion(s).
— on one or more occasion(s)
How Many Communications Or
Meetings?
(The law has changed it used to be require at
least 2 prior meetings or communications)
Nature Of The Initial Meeting Or
Communication?
The one or more
initial communications or meetings
with the victim under 16
can be innocuous and
need not be sexual in nature.
Where Can The Initial Meeting Or
Communication Take Place?
The one or more
initial communications or
meetings
can have taken place
anywhere in the world.
How Can The Initial Meeting Or
Communication Take Place?
The initial communication can either take place:
*In person; or
* Remotely via text; phone; or social media etc.
Step 3 — Subsequent Action
After
the initial communication or meeting
the offender (A) later
takes any of the following
4 actions.
Action 1
The offender - (A)
intentionally meets
the victim - (B).
Action 2
The offender - (A)
travels
with the intention of meeting
the victim - (B)
in any part of the world
Action 3
The offender - (A)
arranges to meet
the victim - (B)
in any part of the world.
Action 4
The victim - (B)
travels
with the intention of meeting
the offender - (A)
in any part of the world
Step 4 — The Intent Behind The
Meeting
* At the time of doing so;
* (A) intends to do anything to or in respect of (B) either:
* During the meeting in any part of the world; or
* After the meeting in any part of the world;
..which if done will involve the commission by (A) of an offence under
Part 1 Sexual Offences Act 2003.
step 5 - The Age Of The Victim?
The victim - (B)
is under 16.
Step 6 — Mens Rea In Relation To
The Victim’s Age
The offender - (A)
does not reasonably believe
that the victim — (B)
is 16 or over.
Result Of Part 1 Sexual Offence
Required?
No
The offence is complete once
the arrangement is made and
the requisite intention is formed to commit the
Part 1 Sexual Offences Act 2003 offence.
Defence
The offender - (A)
reasonably believes that the victim - (B)
is 16 or over.
If the belief is reasonably held the defence will
apply even if the victim is actually under 16.
Sexual
Communication With
A Child
Section 15A Sexual Offences Act 2003
Who Can Commit The Offence?
A person - (A)
who is aged 18 or over
will commit an offence
if 4 steps are satisfied..
Step 1
The offender (A)
intentionally communicates
with another person (B)
— for the purpose of (A) obtaining
sexual gratification.
(e.g. oral communication or in writina via email,
text, message, chatroom ecc.)
step 2
The communication is either
* Sexual: or
* Intended to encourage person (B) to make a
communication that is sexual
. …to either:
* Person or
* Another person (C).
Step 3
Person (B)
is aged under 16.
Step 4
The offender (A)
does not reasonably believe
that person (B)
is aged 16 or over.
Definition Of A Sexual
Communication
2 scopes
Scope 1
A reasonable person
would, in all the circumstances,
consider part of the communication
to be sexual.
(NB — this is regardless of the
person’s purpose).
Scope 2
Any part of the
communication
relates to sexual activity
i.e. any activity that a
reasonable person would
consider to be sexual.
Examples
* Sending a sexually explicit text to a child.
* Inviting a child to respond back with a sexual
communication.
Does The Sexual
Gratification Need To
Be Derived
Simultaneously To The
Communication?
No — 2 junctures
Juncture 1
At the time
of the communication.
(e.g. deriving sexual gratification from the
very act of sending a sexually explicit
communication to a child).
Juncture 2
After
the communication.
(e.g. part of a long-term plan to derive sexual
gratification from the receipt of sexual
communication sent by a child in the future).
Abuse Of Position Of
Trust Offences
Sections 16-19 Sexual Offences Act 2003
Who Can Commit The Offence?
It is an offence for a person
aged 18 or over,
who is in a position of trust
-to commit any of the following
child sex offences…
- Section 9 - Sexual activity with a child,
- Section 10 - Causing or inciting a child to engage in
sexual activity. - Section 11 - Sexual activity in the presence of a
child. - Section 12 - Causing a child to watch a sexual act.
3 Key Differences In
Respect Of The
Position Of Trust
Offence
Difference 1
The offender
is in a position of trust
with the victim.
Difference 2
The offences relate to children:
* Under 13; or
* Under 18.
NB — the offences also apply to 16 & 17-year olds.
Difference 2
The offences relate to children:
* Under 13; or
* Under 18.
NB — the offences also apply to 16 & 17-year olds.
Defining A Position
Of Trust?
Common Sense Test
If a person looks after,
cares for, teaches,
or has responsibility for
a person aged under 18
- they are in a position of trust.
Examples Of Staff
Who Are In A
Position Of Trust
- Institutions where the person is detained.
- Residential care accommodation.
- Hospital accommodation.
*Teachers at educational or training institutions. - Local authority social work.
Determining Whether A
Person Knew They
Were In A Position Of
Trust?
Section 21 Sexual Offences Act 2003
Rebuttable Presumption
If a person is in a position of trust
there is a rebuttable presumption
that they know
or could reasonably have been
expected to know
that they are in such a position.
Rebuttal
unless - evidence is adduced
by the defence
to raise an issue
as to whether they either
knew or could have been
reasonably expected to have known.
Example - Teacher
Campus A
Campus B
Defences To Abuse
Of Position Of Trust
Offence
2 defences
Defence 1 - Marriage Exception
Both:
*They were lawfully married or civil
partners at the time of the offence; and
*The child was aged 16 or over.
Defence 2 - Relationship That
Pre-Date The Position Of Trust
Immediately before
the position of trust arose
-they were in a
lawful sexual relationship.
Sexual Activity with
Child Family Member
Sections 25 - 26 Sexual Offences Act 2003
Step 1
*A person (A) commits and offence if they:
* Intentionally;
* Touch another person (B); and…
step 2
The touching is sexual; and
Step 3
The relationship between (A) and (B) falls within
any of the following categories:
Relationship Categories 1-3
* Parent;
* Grandparent;
* Brother or sister;
Relationship Categories 4 - 6
* Half brother or half sister;
*Aunt or uncle;
* Is or has been foster parent;
Relationship Category 7
Where (A) and (B) either:
* Live or lived in the same household; or
* (A) is or has been regularly involved in caring
for, training, supervising or being in sole
charge of (B); and…
Category 7 (continued)
. .either:
* One of them is or has been the other’s step-parent;
* They are cousins;
* One of them is or has been the other’s step brother or step
sister; or
* They have the same parent or foster parent.
Step 4
(A) either:
* Knows; or
* Could reasonably be expected to know
.that their relationship to (B) is one of the
above; and..
step 5
Either:
* (B) is under 18 and (A) does not reasonably
believe that (B) is 18 or over; or
* (B) is under 13.
Defences
2 defences
Defence 1
The defendant and the victim
are lawfully married
at the time of the offence.
Defence 2
The sexual relationship
pre-dates
the family relationship.
Inciting Sexual
Activity With A Child
Family Member
Section 26 Sexual Offences Act 2003
A person (A)
commits and offence
if they intentionally
incite
another person (B)
to touch, or allow themselves to be
touched by (A). ..
and the
touching
is sexual…
and the relationship
between (A) and (B)
falls within any
of the following categories…
- Parent;
- Grandparent;
- Brother or sister;
- Half-brother or half-sister;
- Aunt or uncle;
- Is or has been their foster parent;
Where (A) and (B) either:
*Live or lived in the same household; or
*(A) is or has been regularly involved in
caring for, training, supervising or being
in sole charge of (B).
.and either:
* One of them is or has been the other’s step-parent;
* They are cousins;
* One of them is or has been the other’s step-brother
or step-sister; or
* They have the same parent or foster parent.
…and (A) either:
*Knows; or
*Could reasonably be expected to know
.that their relationship to (B) is one of the
aforementioned..
and either:
*(B) is aged under 18 — and (A) does not
reasonably believe that (B) is aged 18 or
over; or
*(B) is aged under 13.
Does The Sexual
Touching Incited
Need To Actually
Take Place?
No
— as this is an
incitement offence.
Does It Matter If
Child Consented To
The Incitement Or
The Activity Incited?
No
— this does not
provide a defence.
Proving That The
Defendant Could
Reasonably Have Been
Expected To Know Of
The Family
Relationship
Once the
family relationship
is proven to exist
between (A) and (B). ..
…it will be presumed
that the defendant
knew of the relationship…
and the evidential burden of proof
will then shift to the defence to rebut
— i.e. to prove otherwise.
Proving That The
Defendant Could
Reasonably Have Been
Expected To Know Of
The Victim’s Age
Once it is proven that the
victim (B) — was under 18…
.it will be presumed that the defendant
did not reasonably believe
that the victim was 18 or over
.and the evidential burden of proof will then
shift to the defence to rebut
— i.e. to prove otherwise.
Paying For Sexual
Services Of A Child
Section 47 Sexual Offences Act 2003
A person (A)
commits an offence
if 3 steps
are satisfied…
Step 1
They intentionally
obtain
for them
-the sexual services
of another person - (B). ..
step 2
.and before obtaining those services - they either:
* Have made or promised payment for those services to
either:
* (B) (the provider of the sexual service); or
* A third person; or
* Knows that another person has made or promised such
a payment.
step 3
and either:
* (B) is aged under 18 — and (A) does not
reasonably believe that (B) is aged 18 or over;
or
*(B) is aged under 13.
What Is Payment?
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.
OFFENCE A - INTENTIONALLY CAUSING OR INCITING
- The mens rea of the defendant - i.e. intentionally;
- The assistance provided by the defendant - i.e. causing or inciting the child;
- The action that they are causing or inciting - i.e. child exploitation (by the child becoming involved in pornography or prostitution); and
- Where they are being caused or incited to do so - i.e. anywhere.
OFFENCE B - INTENTIONALLY CONTROLLING ACTIVITIES
- The mens rea of the defendant - i.e. intentionally;
- The assistance provided by the defendant - i.e. controlling the activities of the child;
- The action that they are controlling - i.e. child exploitation (by the child becoming involved in pornography or prostitution); and
- Where they are being controlled - i.e. anywhere.
OFFENCE C - INTENTIONALLY ARRANGING OR FACILITATING ACTIVITIES
- The mens rea of the defendant - i.e. intentionally;
- The assistance provided by the defendant - i.e. arranging or facilitating the child’s involvement;
- The action that they are arranging or facilitating - i.e. child exploitation (by the child becoming involved in pornography or prostitution); and
- Where the child’s activities are being facilitated or arranged - i.e. anywhere.
COMMON POINTS FOR ALL 3 OFFENCES
COMMON POINTS
* Mens rea - intentionally;
* The victim - a child;
* The net effect of the defendant’s actions - the child’s sexual exploitation via their involvement in either pornography or prostitution; and
* The child’s sexual exploitation can be anywhere in the world.
Causing, Inciting,
Controlling, Arranging
Or Facilitating The
Sexual Exploitation Of
Children
Sections 48 - 50 Sexual Offences Act 2003
Section 48 Offence
Intentionally Causing Or Inciting
A person (A) commits an offence - if they
intentionally either:
*Cause; or
* Incite
.another person (B) - to be sexually
exploited in any part of the world…
and either:
*(B) is aged under 18 — and (A) does not
reasonably believe that (B) is aged 18 or
over; or
*(B) is aged under 13.
Section 49 Offence
Intentionally Controlling Activities
A person (A) commits an offence
if they intentionally
control any of the activities
of another person (B)
relating to (B)’s sexual exploitation
in any part of the world…
and either:
*(B) is aged under 18 — and (A) does not
reasonably believe that (B) is aged 18 or
over; or
*(B) is aged under 13.
Section 50 Offence
Intentionally Arranging Or Facilitating
A person (A) commits an offence - if they
intentionally either:
*Arrange; or
* Facilitate
.the sexual exploitation in any part of the
world - of another person (B).
and either:
*(B) is aged under 18 — and (A) does not
reasonably believe that (B) is aged 18 or
over; or
*(B) is aged under 13.
Definition Of Sexual
Exploitation
Section 51 (2) Sexual Offences Act 2003
2 situations
Situation 1
On at least one occasion — and whether or not
compelled to do so — (B) either:
* Offers; or
* Provides
sexual services to another person
.in return for either:
* Payment; or
* A promise of payment
.to either:
* or
* A third person.
Situation 2
An indecent image of (B) is either:
* Recorded;
* Streamed; or
* Otherwise transmitted.
What Is Payment?
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.
Does the Controller
etc. Have To Gain
From The
Enterprise?
No
-these offences are different
from the adult prostitution offences
and
no gain needs to be shown.
Notices To Obtain
Information About
Hotel Guests
Section 116 Anti- Social, Crime & Policing Act 2014
Who Can Serve A Written Notice
Upon Whom?
An officer of the rank of Inspector or above can serve a written
notice on either the:
* Owner;
* Operator; or
Manager.
Type Of Establishment?
.0f any:
* Hotel;
* Guest house; or
* Other establishment of a similar kind
.at which accommodation is provided for a charge.
Authorising Officer’s Belief?
.which they reasonably believe either:
* Has been; or
* Will be
used for the purposes of either:
* Child sexual exploitation;
* Conduct preparatory to child sexual exploitation; or
* Conduct connected with child sexual exploitation.
What Offences Are Included In The
Definition Of Child Sexual
Exploitation?
* Sections 1 - 13 Sexual Offences Act 2003;
* Sections 16 - 19 Sexual Offences Act 2003;
* Sections 25 and 26 Sexual Offences Act 2003;
* Sections 30 — 41 Sexual Offences Act 2003..
* Sections 47-50 Sexual Offences Act 2003;
* Section 59A Sexual Offences Act 2003;
* Section 61 Sexual Offences Act 2003;
* Sections 66 and 67 Sexual Offences Act 2003; and
* Section I Protection of Children Act 1978.
7 Contents Of The Written
Notice?
* Content 1 - The hotel that the notice relates to;
* Content 2 - The date the notice comes into effect;
* Content 3 - The expiry date of the notice..
* Content 4 - The duration of the notice (maximum 6
months);
* Content 5 - The information requested;
* Content 6 - Consequences of failing to comply with
the notice; and
* Content 7 - Appeal procedure.
What Information Can The Person Be
Requested To Supply To A
Constable?
* Guests names;
* Guests addresses;
* Other information about guests that is both:
* Specified in regulations made by the Secretary Of State;
and
* Can be readily obtained from one or more of the guests
themselves.
Offences For Non
Compliance With The
Notice
2 offences
Offence 1
It is an offence to
fail to comply
without reasonable excuse
with a requirement to supply information.
Offence 2
An offence will be committed by a person who, in
response to a requirement — provides incorrect
information which the person either:
* Did not take reasonable steps to verify or have
verified; or
* Knows to be incorrect.
Possession Of A
Paedophile Manual
Section 69 Serious Crime Act 2015
It is an offence to be in possession of any item — including
either:
* Physical items; or
* Electronic documents (e.g. downloads, emails etc.)
.that contains either:
* Advice; or
* Guidance
.about abusing children sexually
Definition Of Sexually Abusing
Children
Doing anything that constitutes an offence under either:
* Part 1 Sexual Offences Act 2003 against a child under 16; or
* Section 1 Protection of Children Act 1978 relating to
indecent photographs.
Whose Authority Is Required To
Prosecute?
Director of Public Prosecutions
(DPP)
Defences
3 defences
Defence 1
The defendant can prove
that they had a legitimate reason
for being in possession of the item.
Defence 2
The defendant had no! either:
* Read;
* Viewed; or
* Listened to
.the item.
.and both:
* Did not know; and
* Had no reason to suspect
..that It contained either:
* Advice; or
* Guidance
about abusing children sexually
Defence 3
The item was sent to the defendant without any request made
either:
* By the defendant; or
* On the defendant’s behalf
.and the defendant did keep the item for an
unreasonable period of time.
Possession Of Indecent
Photographs
Section 160 Criminal Justice Act 1988
Definition Of The Offence?
* It is an offence for a person to have any indecent:
* Photographs; or
* Pseudo-photographs
.of a child in their possession.
Definition Of A Child?
A person who appears to be
under
the age of 18.
Definition Of Pseudo
Photographs?
The definition includes:
* Cartoons; or
* Computer images.
They will be treated as relating to a child if
the predominant impression they create
is that of a child.
What Is Not A Pseudo-
Photograph?
A photograph of a child’s head
sellotaped to
a photograph of an adult’s naked body.
Possession — Images Deleted
From A Computer Hard Drive
If images have been deleted from a computer
and its recycle bin has been emptied
— they will no longer be in the accused’s
possession.
R v Porter [2006] EWCA Crim 560.
Defences
4 defences
Defence 1
The person had a legitimate reason
for having the
photograph or pseudo-photograph
in their possession.
Defence 2
Both:
*The person had not themselves seen the
photograph or pseudo-photograph; and
* Did not know, nor have any cause to suspect,
it to be indecent.
Defence 3
Both:
* The person had the photograph or pseudo-
photograph sent to themselves without any
prior request made by them or on their behalf;
and
* They did not keep it for an unreasonable time.
Defence 4
The person either:
*Was married to the child; or
* Lived with the child as partners in an enduring
family relationship.
Making Indecent
Photographs Of
Children
Section 1 Protection of Children Act 1978
4 offences
Offence 1
Definition
It is an offence to either:
. Take;
* Permit to be taken; or
. Make…
..any indecent:
* Photographs; or
* Pseudo-photographs;
..of a child.
Downloading Images From The
Internet - Making
The voluntary act
of downloading or browsing images
from the internet
will amount to making a photograph
R v Bowden [2000] 2 WLR 1083
Receiving Unsolicited Email
Attachments — Not Making
If a person receiving an unsolicited email
opens an attachment and
at the time of doing so is unaware of its
contents
they will not have made a photograph
R v Smith & Jayson [2002] EWCA Crim 683
Receiving Unsolicited Email
Attachments — Making
If the unsolicited email’s title
expressly refers to the attachment
containing child explicit images
and
is subsequently intentionally opened
it will constitute making.
Offence 2
Definition
It is an offence to either:
* Distribute; or
. Show..
..any indecent:
* Photographs; or
* Pseudo-photographs;
.of a child.
Offence 3
Definition
It is an offence to have in their possession any
indecent:
* Photographs; or
* Pseudo photographs;
.of a child…
.with a view to them being either:
* Distributed; or
* Shown.
Offence 4
Definition
It is an offence to either:
* Publish; or
* Cause to be published…
.any advertisement likely to be understood as
conveying that the advertiser either:
* Distributes;
* Shows; or
* Intends to distribute or show…
.any indecent:
* Photographs; or
* Pseudo-photographs;
..of a child.
Defences
6 defences
Defence 1
They had a legitimate reason for distributing or
showing the photos.
Defence 2
They both:
* Had not themselves seen the photos; and
* Did not know, nor had any cause to suspect,
that they were indecent.
Defence 3
They were either:
* Lawfully married; or
*A partner in an enduring family relationship
.with a child aged 16 or over.
Defence 4
They made such photos for the purpose of either the:
* Prevention;
* Detection; or
* Investigation
..of a crime or criminal proceedings in any part of
the world.
Defence 5
Both:
*They are a member of the Security Service; and
* The photos were taken in pursuance of the
functions of the service.
Defence 6
Both:
*They are a member of GCHQ; and
* The photos were taken in pursuance of the
functions of GCHQ.
Whose Authority To Prosecute?
Director Of Public Prosecution
DPP
Possession Of
Prohibited Images Of
Children
Section 62 Coroners & Justice Act 2009
Definition
It is an offence for a person
to be in possession
of a prohibited image
of a child.
Definition Of An Image?
*A moving or still image produced by any
means - such as a photograph or film; or
* Data stored by any means which is capable of
conversion into a movable or still image.
Examples
Images on electronic devices:
. pcs;
* Mobiles;
* Camcorders etc.
What Is Not An Image?
The definition does not include indecent:
* Photographs; or
* Pseudo-photographs.
Definition Of A Child?
A person under
the age of 18.
Definition Of A Prohibited Image?
3 steps
Step 1
The image is pornographic.
i.e. it is of such a nature that it must reasonably be
assumed to have been produced solely or
principally for the purposes of sexual arousal.
step 2
The image either:
* Focuses solely or principally on a child’s
genitals or anal region; or
* Portrays any of the following actions…
Action 1
The performance by a person of an act of either:
* Intercourse; or
* Oral sex
.either:
* With a child; or
* In the presence of a child.
Action 2
An act of masturbation either:
* By;
* Of; or
* In the presence of
.a child.
Action 3
An act which involves penetration of either the:
* Vagina; or
* Anus
of a child with either:
* A part of a person’s body; or
* With anything else.
Action 4
An act which involves penetration of either the:
* Vagina; or
* Anus
of a person with either:
* A part of a person’s body; or
* With anything else
…in the presence of a child.
Action 5
The performance by a child of either:
*An act of intercourse; or
* Oral sex
with an animal (whether alive, dead or
imaginary).
Action 6
The performance by a person of either:
* An act of intercourse; or
* Oral sex
with an animal (whether alive, dead or imaginary)
in the presence of a child.
step 3
It is either:
* Grossly offensive;
* Disgusting; or
* Otherwise of an obscene character.
Defences
3 defences
Defence 1
The person had a legitimate reason for being in
possession of the image concerned.
Defence 2
*The person had not seen the image concerned;
and
* Did not know, nor had they any cause to
suspect, it to be a prohibited image of a child.
Defence 3
The person:
*Was sent the image without any prior request
having been made by or on behalf of the person;
and
* Did not keep it for an unreasonable time.
Whose Authority To Prosecute?
Director Of Public Prosecution
DPP
Sexual Offences
Outside The United
Kingdom
Section 72(1) Sexual Offences Act 2003
It is an offence
for a national
of the United Kingdom
to commit an act
outside the United Kingdom
which would constitute a
relevant sexual offence
if done in
England and Wales.
Checklist
3 steps
Step 1
The offender
is a UK
national.
step 2
The offender
commits an act
outside
the UK.
Step 3
The act
committed outside the UK
would constitute a
relevant sexual offence
if done in
England & Wales.
The List Of Relevant
Sexual Offences?
4 categories
Category
Offences under sections
5 to 19, 25, 26,
and 47 to 50
of the
Sexual Offences Act 2003.
Category 2
Offences under sections
30 to 41
and 61
of the Sexual Offences Act 2003
— where the victim of the offence
was under 18 at the time of the offence.
Category 3
Offences under sections
62 or 63
of the Sexual Offences Act 2003
— where the intended offence was against
a person under 18.
Category 4
An offence under either:
* Section 1 of the Protection of Children Act
1978 - (indecent photographs of children); or
* Section 160 of the Criminal Justice Act 1988 -
(possession of indecent photograph of a child).
SEXUAL OFFENCES AGAINST A PERSON WITH A MENTAL DISORDER
- Sexual Activity With A Person With A Mental Disorder - Section 30 Sexual Offences Act 2003;
- Causing Or Inciting A Person With A Mental Disorder To Engage In Sexual Activity - Section 31 Sexual Offences Act 2003;
- Sexual Activity In The Presence Of A Person With A Mental Disorder - Section 32 Sexual Offences Act 2003; and
- Causing A Person With A Mental Disorder To Watch A Sexual Act - Section 33 Sexual Offences Act 2003.
There are significant similarities to the corresponding offences covered in the child sexual offences section
Sexual Activity With a
Person With a Mental
Disorder
Section 30 Sexual Offences Act 2003
4 steps
Step 1
A person - (A) intentionally
sexually touches
another — (B).
Step 2
The victim - (B)
is unable to refuse
due to
their suffering from a mental disorder.
Step 3
The offender - (A) either:
* Knows; or
* Should have known;
…that the victim - (B) had such a disorder.
Step 3
The offender - (A) either:
* Knows; or
* Should have known;
…that the victim - (B) had such a disorder.
When Is A Person Unable To
Refuse?
2 situations
Situation 1
They lack the capacity to choose due to a lack of
understanding of either:
* The nature of the touching; or
* The consequences of the touching.
Situation 2
They are unable to communicate such a choice.
Causing Or Inciting A
Person With A Mental
Disorder To Engage
In Sexual Activity
Section 31 Sexual Offences Act 2003
A person (A)
commits an offence
if 4 steps
are satisfied…
Step 1
They (A) - intentionally either:
*Causes; or
* Incites
another person - (B) to engage in an activity.
step 2
The activity
is sexual.
Step 3
Party (B) is unable to refuse either:
* Because of; or
* For a reason related to
..a mental disorder.
Step 4
They (A) either:
* Know; or
* Could reasonably be expected to know
that both:
* Party (B) had a mental disorder; and
* Because of it of for a reason related to it (B) is likely to
be unable to refuse.
Does The Sexual
Activity Caused Or
Incited Have To Be
With The Defendant?
No
— e.g. the offence would be committed if (A)
caused or incited (B) to engage in sexual
activity with (C).
Does The Sexual
Activity Have To
Actually Take Place?
No
— the offence can be committed by (A) merely
inciting (B) to engage in the sexual activity
Sexual Activity In The
Presence Of
A Person With A Mental
Disorder
Section 32 Sexual Offences Act 2003
6 steps
Step 1
For the purpose
of obtaining
sexual gratification..
step 2
The offender - (A)
engages in a sexual activity…
step 3
At the time (A) engages in the sexual activity -
(B) — the victim is either:
* Present; or
* In a place that (A) can be observed; and…
Step 4
The offender - (A) either:
* Knows;
* Believes; or
* Intends
…that the victim - (B) is aware; and…
step 5
The victim - (B)
is unable to refuse
due to their suffering from a mental disorder;
and..
Step 6
The offender - (A) either:
* Knows; or
* Should have known;
..that both:
* The victim - (B) was suffering from such a mental disorder;
and
* Due to the disorder - (B) was unable to refuse.
Causing A Person With
A Mental
Disorder to Watch a
Sexual Act
Section 33 Sexual Offences Act 2003
4 steps
Step 1
For the purpose
of obtaining
sexual gratification..
step 2
The offender - (A) intentionally causes the victim - (B)
to either:
* Watch a third person engaging in a sexual activity; or
* To look at an image of sexual activity; and…
Step 3
The victim - (B)
is unable to refuse
due to their suffering from
a mental disorder;
and…
Step 4
The offender - (A) either:
* Knows; or
* Should have known;
..that both:
* The victim - (B) was suffering from such a mental disorder;
and
* Due to the disorder - (B) was unable to refuse.
