Sexual Offences Against Children and Person with Mental Disorder Flashcards

Question

Causing A Child To Watch A Sexual Act Section 12 Sexual Offences Act 2003

Answer 1

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.

Answer 2

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.

Answer 3

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

Answer 4

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)

Answer 5

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.

Answer 6

They will commit a specific offence under section 13 Sexual Offences Act 2003.

Answer 7

They will commit a specific offence under section 19 Sexual Offences Act 2003.

Answer 8

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.

Answer 9

Reduced Maximum Sentence 5 years imprisonment

Answer 10

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.

Answer 11

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.

Answer 12

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.

Answer 13

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.

Answer 14

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).

Answer 15

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.

Answer 16

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.

Answer 17

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.

Answer 18

* Institutions where the person is detained. * Residential care accommodation. * Hospital accommodation. *Teachers at educational or training institutions. * Local authority social work.

Answer 19

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

Answer 20

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.

Answer 21

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.

Answer 22

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.

Answer 23

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.

Answer 24

No — as this is an incitement offence.

Answer 25

No — this does not provide a defence.

Answer 26

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.

Answer 27

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.

Answer 28

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.

Answer 29

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.

Answer 30

* 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.

Answer 31

* 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.

Answer 32

* 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.

Answer 33

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.

Answer 34

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.

Answer 35

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.

Answer 36

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.

Answer 37

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.

Answer 38

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.

Answer 39

No -these offences are different from the adult prostitution offences and no gain needs to be shown.

Answer 40

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.

Answer 41

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.

Answer 42

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)

Answer 43

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.

Answer 44

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.

Answer 45

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.

Answer 46

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.

Answer 47

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

Answer 48

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.

Answer 49

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.

Answer 50

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

Answer 51

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.

Answer 52

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.

Answer 53

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).

Answer 54

* 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

Answer 55

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.

Answer 56

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.

Answer 57

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.

Answer 58

No — e.g. the offence would be committed if (A) caused or incited (B) to engage in sexual activity with (C).

Answer 59

No — the offence can be committed by (A) merely inciting (B) to engage in the sexual activity

Answer 60

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.

Answer 61

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.

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Sexual Offences Against Children and Person with Mental Disorder Flashcards

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