SO against children

Question 1

Sexual activity with a child

Answer 1

S9 SOA 2003

Question 2

Sexual activity with a child level of offence

Answer 2

If it involved penetration - indictable

Otherwise - either way

Question 3

Sexual activity with a child definition

Answer 3

D (must be 18 or over) commits an offence if he intentionally touches B sexually, and either:
B is under 16 and D does not reasonably believe that B is 16 or over, or
B is under 13.
If B is under 13, don’t have to show that D had any idea/that they knew.
If B is 13-15, must show D did not reasonably believe V was 16 or over.
Consent is irrelevant.

Question 4

Causing or inciting a child to engage in sexual activity

Answer 4

s10 SOA 2003

Question 5

Causing or inciting a child to engage in sexual activity level of offence

Answer 5

If penetration - indictable

Otherwise - either way

Question 6

Causing or inciting a child to engage in sexual activity definition

Answer 6

D commits an offence if he intentionally causes or incites B to engage in a sexual activity and either:
B is under 16 and D does not reasonably believe that B is 16 or over, or
B is under 13.
Sexual activity does not have to have taken place.
Consent is irrelevant.

Question 7

Sexual activity in the presence of a child

Answer 7

s11 SOA 2003

Question 8

Sexual activity in the presence of a child level of offence

Answer 8

Either way

Question 9

Sexual activity in the presence of a child definition

Answer 9

D (must be 18 or over) commits an offence if he intentionally engages in a sexual activity for the purpose of sexual gratification when B is present or in a place where they can observe and knowing, believing or intending that B is aware he is engaging in it, and either:
B is under 16 and D does not reasonably believe B is 16 or over, or
B is under 13.
Includes in person and images.

Question 10

Causing a child to watch a sexual act

Answer 10

s12 SOA 2003

Question 11

Causing a child to watch a sexual act level of offence

Answer 11

Either way

Question 12

Causing a child to watch a sexual act definition

Answer 12

D (must be 18 or over) commits an offence if, for the purpose of sexual gratification, he intentionally causes B to watch or look at an image of a third person engaging in sexual activity and either:
B is under 16 and D does not reasonably believe B is 16 or over, or
B is under 13.

Question 13

What if ss9-12 were committed by a person under 18?

Answer 13

s13 - a person under 18 commits an offence if the do anything which would be an offence under ss9-12 if they were over 18.

Question 14

s13 level of offence

Answer 14

Either way

Question 15

Arranging or facilitating the commission of a child sex offence

Answer 15

s14 SOA 2003
Either way
A person commits an offence if he intentionally arranges/facilitates a child sex offence that he intends to do himself or intends/believes another person will do in any part of the world.
Excludes those acting for the child’s protection e.g. health workers supplying condoms to children under 16.

Question 16

Meeting a child following sexual grooming

Answer 16

S15 SOA 2003
Either way
D (over 18) must have previously met/communicated with V (under 16) on at least 1 occasion.
D then intentionally meets, travels to meet or arranges to meet V or V travels to meet D.
D must intend to commit a relevant offence (any under part 1 of the act) - but the offences does not have to take place.
V must be under 16 and D must not reasonably believe that V is over 16

Question 17

Sexual communication with a child

Answer 17

S15A SOA 2003
Either way
D (over 18) for the purpose of sexual gratification intentionally communicates with V (under 16), the communication is sexual or intended to encourage V to make a communication that is sexual.
D must be under 16 and D does not reasonably believe that V is over 16.
Sexual - s78 does NOT apply here - here it’s sexual if:
-Any part of it relates to sexual activity
-A reasonable person would, in all the circumstances but regardless of any person’s purpose, consider any part of the communication to be sexual.
Targets talking to children online e.g. chatrooms

Question 18

Abuse of position of trust

Answer 18

If offence is committed by a person in a position of trust it will change to the following offences:
S9 > S16 - sexual activity with a child
S10 > S17 - causing/inciting a child to engage in sexual activity
S11 > S18 - sexual activity in the presence of a child
S12 > S19 - causing a child to watch a sexual act
All either way
Examples - V detained following criminal conviction, V in foster/residential care, V in medical accommodation, V in educational institution
If D is in a position of trust it will be presumed that D knew or could reasonably be expected to know that there was a position of trust between them and the victim and they will have to show evidence of the contrary.
Exceptions - D and V are married, D had V had a lawful sexual relationship before the position of trust arose

Question 19

Familial child sex offences

Answer 19

ss25 - 26 SOA 2003

Question 20

Sexual activity with a child family member

Answer 20

S25 SOA 2003
D commits an offence if he intentionally touches V, the touching is sexual, the relation of D and V falls within s27, D knows or could reasonably be expected to know that they are related and V is under 18 and D does not reasonably believe that V is over 18 or V is under 13.
Sexual - as per s78
Touching - as per s79
Where familial relationship is proved it will be presumed D know/could reasonably be expected to know
Where proved that V is under 18, it will be presumed that D did not reasonably believe V was over 18.
D will have onus to rebut these presumptions.
Exceptions - D and V are lawfully married, sexual relationship pre-dates the familial relationship.

Question 21

Sexual activity with a child family member level of offence

Answer 21

If D is over 18 and it involves penetration of-
-Vs anus, or vagina by a part of Ds body or anything else
-Vs mouth by Ds penis
-Ds anus or vagina by a part of Vs body
-Ds mouth by Vs penis
= indictable
Otherwise, either way

Question 22

S27 familial relationships

Answer 22

Parent
Grandparent
Brother
Sister
Half-brother
Half-sister
Aunt
Uncle
D is/has been Vs foster parent
Also - where D and V live/have lived in the same household or D is/has been regularly involved in caring for, training, supervising or being in sole charge of V and they are/have been:
Step-parent
Cousins
Stepbrother
Stepsister
Have the same parent or foster parent.

Question 23

Inciting a child family member to engage in sexual activity

Answer 23

S26 SOA 2003
D commits an offence if he intentionally incited V to touch or allow himself to be touched by D, the touching is sexual, D and V are related as per s27, D knows or could reasonably be expected to know this and V is under 18 and D does not reasonably believe that V is over 18 or V is under 13.
E.g. D encouraging V to masturbate him
Sexual touching does not have to actually take place
Irrelevant whether the child consented to the incitement.
Where familial relationship is proved it will be presumed D know/could reasonably be expected to know
Where proved that V is under 18, it will be presumed that D did not reasonably believe V was over 18.
D will have onus to rebut these presumptions.

Question 24

Inciting a child family member to engage in sexual activity level of offence

Answer 24

If D is over 18 and it involves penetration of-
-Vs anus, or vagina by a part of Ds body or anything else
-Vs mouth by Ds penis
-Ds anus or vagina by a part of Vs body
-Ds mouth by Vs penis
= indictable
Otherwise, either way

Question 25

Photograph

Answer 25

S7 Protection of Children Act 1978 - definition of photograph
Includes
Negative version
Data stored which is capable of conversion into a photograph
A tracing which is derived from the whole or part of a photograph or pseudo photograph
Includes a video recording
Pseudo-photograph - image made by computer graphics which appears to be a photograph

Question 26

Does downloading images from the internet class as making them

Answer 26

Yes - R v Bowden

Question 27

Does voluntarily scrolling through indecent images of children online count as making them?

Answer 27

Yes it counts as making pseudo-photographs.

Question 28

Is it an offence if you open an unsolicited email attachment that contains an indecent image?

Answer 28

No - not if you were unaware that it contained/was likely to contain an indecent image

Question 29

Would 2 different images taped together be a pseudo photograph?

Answer 29

No.
If they were photocopied, it would be.
R v Atkins

Question 30

Indecent photographs S1

Answer 30

S1 Protection of Children Act 1978
Either way
It is an offence to:
Take
Permit to be taken
Make
Distribute
Show
Have in possession with a view to distribute/show
Publish or cause to be published
Any indecent photograph or pseudo photograph of a child
D must show he had a legitimate reason for distributing or showing the photographs or having them in his possession or that he had not seem them and did not have any reason to suspect them to be indecent.
Child = under 18
If pseudo photograph dominant impression is a child, it will be treated as a photograph of a child.
If D just possessed the images, it is an offence under s160 CJA 1988.

Question 31

Indecent photographs S1A

Answer 31

S1A Protection of Children Act 1978
Either way
Provides a defence to s(1)(a)-(c) - making, distributing or possessing with a view to distributing.
D must show that V was age over 16 and at the time he and V were married/civil partners or lived together as partners in an enduring family relationship.
If proved then D will then have to prove that:
For (a) - The child consented or D reasonably believed they consented
For (b) - The distributing or showing was to a person other than the child in the photograph
For (c) - The image was to be distributed or shown to no other person than the child and the child consented to Ds possession of the photograph

Question 32

Indecent photographs S1B

Answer 32

S1B Protection of Children Act 1978
Either way
Limited defence for S1(1)(a) - making
D is not guilty is he proves:
It was necessary for him to make the photo/pseudo photo for the purpose of the prevention, detection or investigation of crime or for criminal proceedings in any part of the world, or
At the time D was a member of the security service, secret intelligence service or GCHQ and it was necessary for the exercise of any of the functions of that service.
Memorandum of understanding states the following will be considered -
How soon after discovery image was reported and to whom
Circumstances it was discovered
The way the image was stored and dealt with
Whether the person’s actions were reasonable, proportionate and necessary.

Question 33

Indecent photographs S160

Answer 33

S160 Criminal Justice Act 1988
Either way
It is an offence for a person to have any indecent photograph or pseudo photograph of a child in his possession.
It is a defence for D to prove:
He had a legitimate reason for possession
He had not seen the photo and had no reason to suspect it was indecent
The photo was sent to him without any prior request and he didn’t keep it for an unreasonable time.
Also a defence if D proves he and the child were married/civil partners/living together in an enduring family relationship - S160A
Child = under 18

Question 34

Possession of prohibited images of children S62

Answer 34

S62 Coroners and Justice Act 2009
Either way
It is an offence for a person to be in possession of a prohibited image of a child.
Prohibited image -
Pornographic,
Falls within (6), and
Grossly offensive, disgusting or otherwise of an obscene character.
Pornographic - of such a nature that it must reasonably be assumed to have been produced solely or principally for purpose of sexual arousal.
(6) - images which focus solely or principally on a child’s genitals or anal region or portrays any of the following acts:
Act of intercourse or oral sex with/in presence of child
Act of masturbation with/in presence of child
Act involving penetration of vagina or anus of a child with a part of a person’s body or with anything else
Act of penetration, in the presence of a child, of the vagina or anus of a person with a part of a person’s body or with anything else
The performance by a child of an act of intercourse or oral sex with an animal (dead, alive or imaginary)
The performance by a person of intercourse or oral sex with an animal (dead, alive or imaginary)
Defence - s64 sets out defence:
He had a legitimate reason for possession
He had not seen the photo and had no reason to suspect it was indecent
The photo was sent to him without any prior request and he didn’t keep it for an unreasonable time.

Question 35

Image and child s65

Answer 35

S65 Coroners and Justice Act 2009
Image includes a moving and still image
Includes data capable of conversion into an image
Child - under 18

Question 36

Sexual exploitation of children

Answer 36

ss47 - 50 SOA 2003
s47 - paying for the sexual services of a child
s48 - causing or inciting the sexual exploitation of children
s49 - controlling the sexual exploitation of children
s50 - arranging or facilitating the sexual exploitation of children

Question 37

Paying for the sexual services of a child level of offence

Answer 37

S47 SOA 2003
If under 13 = indictable
If D is over 18 and it involves penetration of-
-Vs anus, or vagina by a part of Ds body or anything else
-Vs mouth by Ds penis
-Ds anus or vagina by a part of Vs body
-Ds mouth by Vs penis
= indictable
Otherwise = either way

Question 38

Paying for the sexual services of a child

Answer 38

S47 SOA 2003
D commits an offence if he intentionally obtains for himself the sexual services of V and before obtaining the services, he made or promised payment to V or a third person or knows that another person has made or promised such payment.
If child under 13 = offence complete here
If child over 13 - you must prove that D did not reasonably believe that V was over 18.
Payment - any financial advantage

Question 39

Causing or inciting the sexual exploitation of children

Answer 39

S48 SOA 2003
D commits an offence if he intentionally causes or incites V to be sexually exploited in any part of the world
V is sexually exploited if on at least 1 occasion and whether or not compelled to do so, V offers or provides sexual services to another in return for payment/promise of payment to them or another, or
An indecent image of V is recorded and sexual exploitation is to be interpreted accordingly.
No need to show it was done for gain.

Question 40

Controlling the sexual exploitation of a child

Answer 40

S49 SOA 2003
D commits an offence if he intentionally controls any of the activities of V relating to V’s sexual exploitation in any part of the world
V is sexually exploited if on at least 1 occasion and whether or not compelled to do so, V offers or provides sexual services to another in return for payment/promise of payment to them or another, or
An indecent image of V is recorded and sexual exploitation is to be interpreted accordingly.
No need to show it was done for gain.

Question 41

Arranging or facilitating the sexual exploitation of children

Answer 41

S50 SOA 2003
D commits an offence if he intentionally arranges or facilitates the sexual exploitation in any part of the world of V.
Arranging includes taking an active part in transport or travel arrangements or organising relevant facilities e.g. hotel room.
V is sexually exploited if on at least 1 occasion and whether or not compelled to do so, V offers or provides sexual services to another in return for payment/promise of payment to them or another, or
An indecent image of V is recorded and sexual exploitation is to be interpreted accordingly.
No need to show it was done for gain.
Arranging includes taking an active part in transport or travel arrangements or organising relevant facilities e.g. hotel room.

Question 42

Hotels and child sexual explotation

Answer 42

Under s116 Anti-Social Behaviour, Crime and Policing Act 2014 confers a power on Police Officers of Inspector rank to serve a notice on the owner, operator or manager of a hotel that the officer reasonably believes has been or will be used for the purposes of child sexual exploitation or conduct preparatory to or connected with it.
Notice must be in writing, specify the hotel it relates to and have a start and end date.
Must last for no more than 6 months.
This notice allows the officer to require information on guests names and addresses.
It is an offence under s118 to fail to provide.

Question 43

Possession of a paedophile manual

Answer 43

S69 Serious Crime Act 2015
Either way
It is an offence to be in possession of any item that contains advice or guidance about abusing children sexually (any offence under part 1 SOA 2003).
Item means physical and electronic documents.
It is a defence for D to prove he had a legitimate reason for possessing the item and he had not read, viewed or listened to the item and did not know or have reason to suspect it contained that information, or the item was sent to D without any request made by D or on Ds behalf and D did not keep it for an unreasonable amount of time.

Question 44

Sexual offences on children outside the UK

Answer 44

S72 SOA 2003 allows for the prosecution of British citizens and UK residents for sexual offences committed against children while abro
Makes it an offence to commit an act which would be deemed a relevant sexual offence if committed in England and Wales when abroad.