Sexual Offences - Preparatory Offences

Question 1

Administering Substance with Intent - SOA 2003

Answer 1

• he intentionally administers a substance to, or causes a substance to be taken by, another person
  a) knowing that they do not consent and
  b) with the intention of stupefying or overpowering them, so as to enable any person to engage in sexual activity that involves them
• ‘date rape’, spiking soft drink with alcohol where the victim did not know they were consuming alcohol
• would not include the defendant encouraging the victim to get drunk where the victim knew they were consuming alcohol
• could be injected/ applied covering victim’s face with cloth
• includes encouraging another person to administer the substance
• intended sexual activity need not involve the defendant
• an offence of intent and does not require the act carrying out of for the victim to be stupefied

Question 2

Committing Criminal Offence with Intent to Commit a Sexual Offence

Answer 2

• commits any offence with the intention of committing a relevant sexual offence
• ‘relevant sexual offence’ means virtually all regularly occurring sexual offences, including aiding, abetting, counselling or procuring such an offence
• it does not extend to other sexual offences under the Protection of Children Act 1978
• e.g. kidnapping with the intention of raping someone - can be charged even if police catch before rape

Question 3

Trespass with Intent to Commit Sexual Offence

Answer 3

• he is a trespasser on any premises
• he intends to commit a relevant sexual offence on the premises and
• he knows that, or is reckless as to whether, he is a trespasser
• premises include structure or part of structure (tent, vehicle or vessel or other temporary or moveable structures)
• applies whether or not the sexual offence is committed
• intent is likely to be inferred from what the defendant says or does to the victim or from items in the possession of the defendant at the time of committing the offence (e.g. condoms, pornographic images, rope etc)
• must intend to commit the sexual act on the premises