Sexual Offences & Rape Flashcards
Except RAPE all offences are gender neutral.
Anonymity for victim for life.
Rape - s.1 Sexual Offences Act 2003
Indictment. Life
DEFENDANT Intentionally penetrates mouth, anus, vagina/vulva with PENIS
Person does not consent to penetration
Def d/not reas. bel. victim consents.
Whether belief is reasonable is to be determined having regard to all circs incl steps taken by def. JURY
If IP < 13 simply prove intentional penetration.
s.103(2)(b) Criminal Justice Act 2003 can introduce def propensity to commit offences of same category (pre cons)
Section 74 -
Consent must be true exercise of free will with freedom and capacity to choose.
Consent can be withdrawn at any time.
STI’s irrelevant in relation to consent u/less vehemently deny have STI to obtain consent. KIV OAP Act offences may still be committed.
Conditional Consent. e.g. will only have intercourse if def used condom. Offence if he did not. Will only have intercourse if def d/not ejaculate inside. Offence if def deliberately ejaculates.
Wealth d/not vitiate consent.
Section 75 - Evidential Presumptions about consent.
if it is proven the def did relevant act and below circs existed and def knew they existed, it will be presumed IP d/NOT consent.
- violence/fear violence used at/imm b4 act
- As above against another person
- IP unlawfully detained at time of rel act
- IP asleep/unconscious
- IP unable to communicate consent owing to disability
- ANY person administered substance to enable def to stupefy IP
Section 76 - Conclusive presumptions about consent
If it is proven def did relevant act and circs below existed it is to be conclusively presumed-
-IP did NOT consent
- Def did NOT believe IP consented
Circs;
- def intentionally deceived IP to nature/purpose of act
e. g. insert finger for medical reasons - def intentionally induced IP to consent to relevant act by impersonating a person known PERSONALLY to IP.
Must prove deliberate misunderstanding beyond all reasonable doubt.
Sexual Assault; Assault by Penetration s.2 Indictable - life Intentionally penetrates vagina or anus of another person with a part of his body or anything else penetration is sexual B does not consent A reas believes that B does not consent.
Belief reasonable accounts for all the circs including steps taken to ascertain consent.
If IP < 13yrs - d/not need to prove consent.
s. 78 defines SEXUAL - if reasonable person would consider that;
nature is sexual OR
because of its nature it MAY be sexual in circs.
D/not matter whether ‘innocent’ act done for sexual gratification. If not deemed sexual - NO offence.
s.3 - Sexual Assault by touching
Either way
IP < 13yrs = 14 yrs imprisonment
o/w = 10yrs on indictment / 6 mths summary
Intentionally touches another person
touching is sexual
B does not consent
A does not reasonably believe that B consents.
Includes touching clothing.
If child <13yrs d/NOT need to prove consent.
Touching incl
with any part of the body
with anything else
through anything
Jury decides if they considered whether in all circs the touching could be sexual and if so would they consider the purpose of the touching had in fact been sexual.
IP need not be aware. No touching = NO offence
Ejaculation = touching.
s.4 Causing sexual activity w/out consent
Intentionally cause another to engage in an activity,
activity is sexual
B does not consent to engaging in activity
A does not reasonably believe A consents
If involves penetration of IP’s anus/vagina, mouth by def’s penis, another’s anus/vagina with part of IP or another’s mouth by IP’s penis = LIFE
O/wise 10 yrs ind / 6 mths summary
KIV Def need not be involved or present.
Sexual activity can include conversation.
The sexual act MUST take place - EXCEPT -
If IP < 13yrs can commit an offence of incitement if sexual activity does not take place.
Sexual Offences Against children
s.9 Sexual Activity with a child
If involves penetration of victims anus/vagina by part of def body or anything else, of victims mouth with def penis, of def anus/vagina by part of victims body or def’s mouth by victims penis = 14 yrs ind
o/wise e/w 14yrs ind / 6 mths summary
If person aged 18 commits offences if;- intentionally touches IP Touching is sexual and either IP < 16 and Def d/not reas believe IP is > 16 or IP < 13yrs
If def < 18yrs commits specific offence 5yrs ind.
If def is in position trust - offence under s.16
s.10 specific offence of person aged 18+ intentionally causing/inciting another to engage in sexual activity (with def or a third person)
For incitement no sexual activity needs to have occurred. If def in position trust - offence under s.17
s.11 Sexual activity in presence child
e/w - 10 yrs ind / 6mths summary
Def over 18, for sexual gratification, know/bel/intend IP to be aware. Ip need not be present. can incl images.
If def < 18yrs commits specific offence 5yrs ind
If in position trust specific od=ffence under s.18
s.12 Causing child to watch a Sex Act
E/w - 10yrs ind / 6 mths summary
For sexual gratification. Incls images
If def < 18yrs specific offence 5 yrs ind
Position Trust s.19
s.14 Arranging intended Child Sex Offences
e/w 14yrs ind / 6mths summary
Or facilitating. Intends self or another in any part world, offence under s9 -13
s.15 Meeting a child following sexual grooming
e/w 10yrs ind / 6yrs summary
Def over 18 yrs has met or communicated 2 + times AND:-
intentionally meets/arranges to meet IP
Travels with intention of meeting IP (world)
or IP travels to meet def (world)
intending to commit rel offence.
IP <16yrs
s.15A Sexual communication with a child
e/w 2yrs ind / 6 mths summary
Def >18yrs, IP < 16yrs.
For purpose of obt sexual gratification, intentionally communicates. (sexual communication)
s. 16 - 19 Abuse position Trust
e/w 5 yrs ind / 6 mths summary / fine
Covers all prev offences.
- carers of residents in home etc
IP 17 and under and def did not reas believe IP was 18.
s.25 Sexual Offences with Child family members
def > 18. IP < 18
penetration of IP’s anus/vagina by part of def body or anything else; of IP’s mouth with Defs penis; Def anus/vagina by part of IP’s body; Def mouth by IP’s penis
indictable - 14 yrs
o/wise = e/w
14yrs ind / 6 moths summary / fine
where def < 18yrs at time offence = 5 yrs ind / 6 yrs summary / fine
Intentional, sexual touching, def knows, could be reas expected to know relationship.
(grand/foster) parents; (half) brother/sister; aunt/uncle
if lived in same house/reg cares for IP:-
step parents ; cousins; step brother/sister
s.64 Sex with adult relatives = 2yrs / 6mths / fine must be sexual pentetration def > 16yrs
if child is adopted, d/not commit offence unless aged 18yrs
s.47 Paying for sexual services of Child
If IP < 13yrs - life
If IP < 16yrs and involves penetration = 14yrs
o/wise = 7yrs ind / 6 mths / fine
int. obt from himself services of IP and made/promised payments to a 3rd person.
s48 - 50 Causing, inciting, controlling, arranging, facilitating sexual exploitation of a child.
e/w 14yrs / 6 mths / fine
any part of world.
Child , 18 yrs
payment/ obt indecent images
s.116 ASB crime and policing Act 2014.
insp, can serve notice on hotel owners re Guests using hotel for child sex exploitation.
in writing can demand name and address of guests for max 6 moths.
punishment = fine
s1 , 1A, 1B Protection of children Act 1978 (indecent photos)
e/w 10 yrs - 6 mths - fine
take, show, distribute, publish.
child , 18yrs.
Take/ make indecent photos, images & paedophile material ,incl;-
pseudo photos, downloading images,browsing images (irrelevant how long on screen).
pseudo photo d/not incl womans naked body on childs head BUT if copied it would be.
Defence if married / in enduring relationship living together.
s. 160 Crim Justice Act 1988
Possess ind. photo/pseudo photo
child , 18yrs - KIV marriage defence.
s62 Coroner and Justice Act 2009 - Possession prohibited images of children
e/w 3 yrs / 6 mths / fine
Pornographic/ grossly offensive/disgusting / obscene.
d/not incl photos.
incl images trying to portray a child like image
child , 18yrs
s63. Crim Justice and Immigration act 2008 - possess extreme pornographic images
e/w 3 yrs (fine) on ind if involves images life threat/serious injury
2 yrs (fine) on ind if incl necrophilia/bestiality
6 mths / fine summary
incl images of rape, sex assault by penetration
images must appear ‘real’. ie cartoons not incl.
defence if participated in act with consenting adult or prove animal/corpse not real.
Some harm adult c/not consent to.
s.69 Serious Crime Act 2015 - possess Paedophile Manual
e/w 3 yrs/ fine v 6 mths / fine
This offence fills the gap with other sexual offences against children.
Sexual offences against People with a Mental Disorder
s. 30 Sex Activity with Person with Mental Disorder
if penetration IP’s mouth, anus, vagina or Def’s penis by IP’s mouth = 14 yrs / 6 mths / fine.
Int sexual touching, unable to refuse, def reas knows unable to refuse.
Offence under s.34/35 if obt consent by inducement, fraud, fear.
Causing or inciting - sexual activity need not occur.
s.32 Sexual Activity in Presence Person with Mental Disorder.
e/w 10 yrs / 6 mths/ fine
int engages sex activity for pupose gaining sexual gratification. Know or believe IP can see.
IP unable to refuse, def reas knows unable to refuse.
Incls viewing images
if involved consent by inducement, fear, fraud, need to prove def reas knew unable to refuse but no need to prove IP did in fact refuse.
s. 33 Causing Person with mental disorder to watch sexual act.
e. w 10 yrs / 6 mths
as above but involve a third party and not def.
Offences relating to prostitution
Prostitute - On at least one occasion, whether or not compelled, offers sexual services to another, in return for payment/promise payment to another.
s. 52 Causing, inciting or controlling prostitution
Intentionally causes, incites another to become prostitute in any part world in expectation gain for self or another.
e/w 7yrs / 6mths / fine
s. 53 Controls activities as above.
If IP , 18 yrs use s.48.
s.53A Paying for sexual services of a prostitute subjected to force.
Summary - fine
Offence is strict liability. D/not need to know whether IP was being exploited, forced etc/. In any part world.
s.33A Keeping a brothel
e/e 7yrs / 6mths / fine
More than one prostitute.
common law - Keeping a disorderly house Ind. Unlim sentence. House open to 'customers' run in a way that violates law and good order will not cover single instance.
s1 Street Offences Act 1959 - Soliciting
summary - fine
def over 18, street, public place (incl private if seen in public) , persistently ( 2 + times in 3 mths) loiter or solicit.
s.51A Sexual Offences Act 2003
summary - fine
public place or street solicit sexual services of prostitute.
Can be convicted on first occasion. DO NOT need to show others annoyed.
s61 Sexual Offences Act 2003 - Administering Substance with Intent
e/w 10 yrs / 6 mths / fine
s62 committing criminal offence with intent to commit a sexual offence
Indict if involves kidnap/false imprisonment - LIFE
O/wise - e/w 10yrs / 6mths / fine
incls almost sexual offences under 2003 act incl aid, abet, counsel, procure
No immediate time link required. If def goes on to commit sexual offence can be tried for both offences.
s63 Trespass with intent to commit relevant sexual offence
w/ 10yrs / 6mths / fine
Trespasser on any premises
intends to commit a rel sex offence ON those premises
knows/reckless as to the trespass
Incl tents and temporary structures or parts of structures. incls gardens.
Sexual offence does not need to be carried out for offence to be complete.
unlike burglary the intent can be formed whilst a trespasser on premises.
