Sexual Offences Part 1 Flashcards
can victims or alleged victims of sexual offences be named?
NOO
What was idea behind not naming sexual offence victims?
More victims would come forward if they were not identified
What is the Act that covers RR
Sexual Offences Act 1992
What does it say under act and what are victims entitled to?
Under that act it is an offence to publish identity of victim or alleged victim
Lifelong anonymity
How can victims be identified?
If they waive right to anonymity in writing
What should you not publish that could identify individual?
Name, address, school, workplace, images etc
Sexual offences case?
Adam Johnson
Six years jail, article showed part of photo with Johnson and girl but her face was obscured
Article did not name her
Some SM users identified her
Judge said satisfied Sun were complying with law, but fined victim compensation
Telegraph fined 80k year later
What are indictable only sexual offences?
Rape
Assault by penetration
Causing or inciting child U13, or person who was ‘mental disorder impending choice’ to engage in sexual activity involving penetration
An attempt, conspiracy or incitement to commit any of above offences
Either way offences
Sexual assault
Trespass with intent to commit SO
Sexual activity with child U16
Causing child to engage in Sexual activity
Engaging in sexual activity in the presence of child
Causing child to watch sexual act
What are positions that can be classed as abusing a position of trust?
Abusing position of trust
1) teacher
2) care worker etc
3) doctor etc
Either way offences 2
Exposure (flashing)
Trafficking for sexual exploration, including prostitution
Voyeriem (upskirting)
Drink spiking
Trafficking or sexual exploitation (including prostitution)
What is the new version of the act
Sexual offences Act 2003
What was purpose of the new Act?
Gave some offences new names and created new offences
What are some examples of offences being changed or introduced in new act?
Incest - now called sexual activity with a child family member, rape or assault by penetration
Buggery or assault with intent to commit buggery - consensual buggery between adults aged 18 and over no longer December criminal. Buggery without male or female without consent now defined as rape
When can RR for sexual victims be lifted?
1) if 16 and over can waive their right to anonymity if they given written consent
2) consent will not be valid if proved anyone ‘interferes unreasonably with peace and comfort’ or that person with the intention of obtaining it
3) if complainant made false claim of victimhood and later charged with any of following criminal offences
> wasting police time
> perverting court of justice
> Prejury
Parents of children U16 can not consent on behalf
