Sexual Offences Involving Children

Question 1

What is Section 5 Sexual Offences Act 2003?

Answer 1

Rape of a child under 13:

• He intentionally penetrates the vagina, anus or mouth of another person with his penis and
• The person is under 13

Question 2

What is section 6 Sexual Offences Act 2003?

Answer 2

Sexual Assault of Child under 13 by penetration:
A person commits an offence if:
- He intentionally penetrates the vagina or anus of another person with a part of his body or anything else,
- The penetration is sexual
- The person is under 13

Question 3

What is section 7 Sexual Offences Act 2003?

Answer 3

Sexual Assault of Child under 13 by touching:
A person is guilty of an offence if:
- He intentionally touches another person
- The touching is sexual
- The person is under 13

Question 4

What is section 8 Sexual Offences Act 2003?

Answer 4

Causing or inciting a child under 13 to engage in sexual activity:

A person commits an offence if he intentionally causes or incites another to engage in a sexual activity and the child is under 13.

Question 5

What is Section 5 Domestic Violence, Crime and Victims (Amendment) Act 2012?

Answer 5

Causing or allowing a child or vulnerable adult to suffer serious physical harm.

Question 6

What is child cruelty?

Answer 6

It is an offence for a person 16 years or over who, having responsibility over a child under 16, wilfully assaults, ill treats, neglects, abandons or exposes the child in a manor that is likely to cause unnecessary suffering or injury to health.

S1 Children and Young person’s Act 1993

Question 7

What is Section 9(1) of the Sexual Offences Act 2003?

Answer 7

A person aged 18 or over commits an offence if:

a) intentionally touches another person (B)
b) the touching is sexual and

Either

1) B is under 16 and A does not reasonably believe that B is 16 or over or
2) B is under 13

Question 8

What is section 9(2) Sexual Offences Act 2003?

Answer 8

If offences are more serious and involve penetration.

A person is guilty of an offence under this section if the touching involved:

1) penetration of Bs anus or vagina with a part of As body or anything else
2) penetration of Bs mouth with As penis
3) penetration of As anus or vagina with a part of Bs body or
4) penetration of As mouth with Bs penis

Question 9

What is Section 10 Sexual Offences Act 2003?

Answer 9

Causing or inciting a child to engage in sexual activity.

If there is penetration involved

Question 10

What is section 10(1) Sexual Offences Act 2003?

Answer 10

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

Either

1) B is under 16 and A does not reasonably believe that B is over 16
2) B is under 13

Question 11

What is section 10(2) Sexual Offences Act 2003?

Answer 11

A person is guilty of an offence under this section if the activity caused or incited involved:

1) penetration of Bs anus or vagina
2) penetration of Bs mouth with a persons penis
3) penetration of a persons anus or vagina with a part of Bs body or by B with anything else or
4) Penetration of persons mouth with Bs penis

Question 12

What is Section 11 of Sexual Offences Act 2003?

Answer 12

Section 11 of Sexual Offences act makes it an offence for a person aged 18 or over intentionally to engage in sexual activity in order to gain sexual gratification when a child is aged under 16 is present or in a place from which the defendant can be observed.

Question 13

What is section 12 of Sexual Offences Act 2003?

Answer 13

Section 12 of Sexual Offences Act 2003
Offence for person to intentionally cause a child under 16 for the purpose of sexual gratification of themselves to watch a third person engaging in sexual activity or to look at an image of a person engaging in sexual activity.