The provisions came into effect on 3 April 2017 and the offence is not retrospective. The first date in the timeline will usually be the earliest date when the provision came into force. In the case of R v Pain [2018] EWCA Crim 90 featuring non-consensual penetrative sexual activity between an adult and 15 year old boy the decision of the prosecution to favour Section 3 SOA 2003 charges instead of Section 9 SOA 2003 charges was criticised on the basis that the court’s sentencing powers were limited. The defence of reasonable belief does not apply if the child is under 13 years. Abduction of defective from parent or guardian. Section 176 of the Policing and Crime Act 2017 revised the definition of Child Sexual Exploitation set out in section 51 Sexual Offences Act 2003 to include situations where indecent images of a child are “streamed or otherwise transmitted” as well as where they are recorded, making the offences more robust in the light of technological changes and ensuring that those who exploit children in this way can be effectively prosecuted for the appropriate offence. 46. . This offence is only available in limited circumstances, The offence is available if the act amounted to an assault (i.e it was non-consensual). . Procurement of woman by false pretences. A sentencing judge had erred in passing sentence for historic offences of indecent assault by referring to a notional sentencing guideline with a starting point midway in the statutory range at the time of the offence rather than adopting the current starting points and the relevant sentencing ranges, subject to the earlier statutory maximum. An indecent assault is an assault committed in circumstances of indecency. possession of illegal drugs or shoplifting). 16. The 1960 Act provides for the offence of gross indecency with/towards a child or incitement of a child to commit an act of gross indecency with a defendant or another person, Allowing a young child’s hand to remain on defendant’s penis for five minutes without more amounted to an ‘invitation’ to continue the indecent activity and an ‘act’ for the purposes of the legislation as per, A genuine belief that the complainant was 16 amounts to a defence. s8 causing or inciting sexual activity with a child, s8(2) causing or inciting sexual activity with a child. On 31 March 2017, s.176 of the Policing and Crime Act 2017 expanded the definition of ‘sexual exploitation’ to include situations where images are streamed (such as via the internet) or otherwise transmitted by some other technological means, such as CCTV. In order to rely on section 55, each offence should be charged in the alternative under the old and new regimes. Section 1 Rape involves penetration of the vagina, anus or mouth by a penis, therefore a woman can only commit this offence as an accomplice. Indecent assault on a woman (section 14) 1 January 1957 – 30 April 2004: 1 January 1957 – 1 July 1960: 2 years. Help us to improve our website; let us know See the judgement in. . 20 September 1993 - Abolition of the presumption that a boy under 14 was incapable of sexual intercourse and therefore incapable of committing rape. Medical evidence will usually be required to prove the mental disorder. The prohibited sexual behaviours in sections 16 - 19 are identical to those prohibited by sections 9 – 12 (i.e. The public interest requires a prosecution for an offence of unlawful sexual intercourse with a girl under 13 unless exceptional circumstances exist. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. . Tenant permitting premises to be used as brothel. This offence is intended to protect children from adults who communicate (not restricted to on-line communications) with them and then arrange to meet them with the intention of committing a sexual offence against them, either at that meeting or subsequently. Section 67 of the Serious Crime Act 2015 inserts a new offence into the Sexual Offences Act 2003, at section 15A, criminalising sexual communication with a child. Abduction of woman by force or for the sake of her property. Where the offender is under 18 additional public interest considerations will apply. Indecent images of children is an offence to take, to permit to be taken, to make, to possess, show, or to distribute or publish an image of a child posed or pictured indecently, for example in a sexual way. Under the Sexual Offences Act 1956, the maximum penalties for various offences are: Rape – Up to life imprisonment. Consent is not in issue. The definition of sexual is contained within section 78 of the Sexual Offences Act 2003 and applies to all offences in part 1 of the Act, with the exception of section 71 (sexual activity in a public lavatory). This guidance highlights key points and charging considerations for prosecutors when deciding on the most appropriate offence. 3 November 1994 - Non-consensual anal intercourse to be charged as rape (previously buggery). In these circumstances reference should be made to other legal guidance on Trafficking (link) and consideration given to charging a trafficking offence under section 58 Sexual Offences Act 2003, if it predates the enactment of the Modern Slavery Act 2015. On no account should a section 1 rape count be added as an alternative. Some of the most important considerations are: 1. the seriousness of the offending 2. the interests of the victim 3. consistency with sentences imposed for similar offending 4. the personal circumstances of the offender A former Chief Justice of New South Wales put it this way: The … core of … As part of our work on Rape and Serious Sexual Offences (RASSO) under our five-year strategy, we made a commitment to launch a consultation on our updated rape legal guidance this autumn. Second, the age of the complainant at the date of the sexual activity, using, for example, a certified copy of a birth certificate together with evidence of identity. However, if this is not the case e.g. There is no defence for lawfully married overseas couples where one party is under 16. 69 Sexual Offences Act, 1956 4 & 5 ELiz. If the suspect is 18 or over and in a position of trust to the complainant and the complainant is aged 16 or 17 the offence should be charged under Section 17 Sexual Offences 2003. Access essential accompanying documents and information for this legislation item from this tab. If a child is under 13 and the age can be proved, prosecutors should charge a non-consensual offence under sections 5 - 8. . In addition to repealing most, but not all, of the previous legislation and introducing new sentencing options there have also been changes to the maximum sentencing powers and changes to sentencing provisions. Where the nature of the act cannot be sexual, it is not made sexual by a person having a secret fetish. In cases where offences may be considered under section 2 of the Modern Slavery Act 2015 for trafficking within the UK for child sexual exploitation it is irrelevant whether the victim consented to the travel (section 2(2) Modern Slavery Act 2015) and in this context, travel means recruiting, transporting or transferring, harbouring or receiving the victim or exchanging control over them. If considering a charge under s14, in which no real child was involved, such as cases involving undercover officers or ‘vigilante groups’, prosecutors should charge the substantive offence and not an attempt. If touching does not occur, then consider an attempt. This means that the offence of sexual assault (section 3) will largely now be used in relation to lesser forms of sexual assault, than previously. Prosecutors should reflect the unlawful nature of the sexual activity by charging child sex offences contrary to sections 5 - 8 (child under 13) or sections 9  -12 (child under 16) if, appropriate, which attract significantly higher sentences. . Prosecutors should apply the same approach to public interest considerations as for offences under the Sexual Offences Act 2003. When there is an absence of consent, and an absence of reasonable belief in consent non-consensual non-consensual offences contrary to sections 1-4 or 5-8 SOA 2003 are also available but as per. When selecting charges prosecutors must be mindful of changes to offence descriptions, sentencing powers and legal issues including time limits. The fact that an offence may have been impossible has no bearing on the intention possessed at the time it was arranged of facilitated. Sections 30 - 41 protect persons with a mental disorder who are vulnerable to sexual exploitation and creates three categories of offence. Offences, and the Prosecution and Punishment of Offences. This section therefore covers persons being cared for in their own home. Section 8 makes it an offence for a person intentionally to cause or incite a child under the age of 13 to engage in sexual activity. 43. . Abduction of unmarried girl under eighteen from parent or guardian. information online. Although both may have committed an offence, different factors may apply to each, especially in relation to the public interest. In. 15. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. (2)A person shall not be convicted of an offence under this section on the evidence of one witness only, unless the witness is corroborated in some material particular by e… Sections 5 - 8 apply the main non-consensual offences to children under 13, except that consent in these offences is irrelevant. 50. The offences are either way and attract a maximum sentence of two years imprisonment. A boy or girl under 16 cannot consent to an act which would otherwise be an assault but any such consent by the victim would be relevant when considering the public interest in prosecuting. This offence covers situations where, for example, a complainant is forced, to carry out a sexual act involving their own person, such as masturbation, or, to engage in sexual activity with a third party, who may be willing or not, or. . A child under 13 does not, under any circumstances, have the legal capacity to consent to any form of sexual activity. Administering drugs to obtain or facilitate intercourse. For appellate purposes, the issue of which sentencing guidelines to apply is a legal question and not a discretionary matter; defendant was charged with the offense on date amendments became part of guidelines, therefore the new guidelines are controlling. The mode of trial and maximum sentence varies depending on whether there is penetration. Rape and Sexual Offences - Chapter 7: Key Legislation and Offences, The consultation on this guidance has now closed - see sidebar, Consultation on rape and sexual offences legal guidance, Hate crime, Domestic abuse, Sexual offences, The CPS Areas, CPS Direct, Central Casework Divisions and Proceeds of Crime, Sexual Offences Act 2003 - definition of ‘sexual’, Sexual Offences Act 2003 - non consensual offences, Causing sexual activity without consent (section 4), Sexual Offences Act 2003 - offences against children, Offences against children under 13 (sections 5-8), Assault of a child under 13 by penetration (section 6), Sexual assault of a child under 13 (section 7), Causing or inciting a child under 13 to engage in sexual activity (section 8), Offences against children under 16 (sections 9 - 13), Child sex offences committed by youths (section 13), Other related offences against children under 16, Arranging and facilitating a child sex offence (section 14), Meeting a child following sexual grooming (section 15), Sexual Communications with a child (section 15A), Abuse of position of trust (sections 16 - 24), Sections 47 - 50 (as amended by s68(1) to (6) Serious Crime Act 2015), Sexual Offences Act 2003 - Offences against persons with a mental disorder, Sections 30 - 33 Offences against a persons with a mental disorder impeding choice, Sections 34 - 37 offences where there are inducements etc. . 34. . On a woman, contrary to section 14 Sexual Offences Act 1956. Indecent assault upon a man (section 15) 1 January 1957 – 30 April 2004: 10 years Penetration can be with any part of the body (e.g. These offences are either way and attract a maximum sentence of 5 years on indictment. The Section 15 offence is either way and attracts a maximum penalty of 10 years imprisonment on indictment. Sexual assault is an either way offence and attracts a maximum 10 year sentence on indictment. 20. an offender travels in possession of ropes, condoms or lubricants, etc. . Sections 9 and 10 create two separate offences of penetrative and non-penetrative sexual activity. Tenant permitting premises to be used for prostitution. . Indecent assault is classified as an offence under sections 14 and 15 of the Sexual Offences Act 1956. This section defines when a person is involved in the care of another for the purposes of section 38 - 41. The existing guidelines do not apply in relation to offences under the 1956 Act. A defendant indicted for assault of a child under 13 by penetration may, on appropriate facts, be acquitted of the offence charged and convicted in the alternative of the lesser offence of sexual assault. . . Defences include marriage (section 43) and a pre-existing sexual relationship (section 44). Conversely, cases in which the relationship continues beyond a decision to advise that no action be taken on public interest grounds will need very careful consideration. Similarly, the defence does not apply if the person acts for the purpose of obtaining sexual gratification. In drafting offences under section 47, prosecutors should specify whether the activity is penetrative or non-penetrative as different maximum penalties apply. . Powers and procedure for dealing with offenders. For offences committed by care workers, there is a presumption that the defendant knew or could reasonably be expected to know of the mental disorder unless sufficient evidence is adduced to raise this as an issue. If there is difficulty in proving the age is under 13, then prosecutors should charge under sections 25 and 26, provided that the other elements of the offence can be proved. Permitting defective to use premises for intercourse. The commencement date of the Act was 01 January 1957 and prosecutors should only use the 1956 Act for offences committed before 1 May 2004. 3. Where age is the relevant factor, the mischief is the seduction or corruption of the young. However, the intention of Parliament is that anyone who engages in sexual activity with a child under 13 should be prosecuted with one of the offences specifically designed to protect such children. The first category relates to persons whose mental functioning is so impaired at the time of the sexual activity that they are unable to make any decision about their involvement in that activity through a lack of capacity to choose or an inability to communicate such choice. See section 23 for the defence for spouses and civil partners and section 24 for sexual relationships which pre dated the position of trust. ; In this section, you will find the Commission’s comprehensive archive of yearly amendments and Guidelines Manuals dating back to … Separate guidelines will look at rape, sexual assault, and indecent images of children rather than one covering all offences. Mental disorder is defined as set out in section 1 Mental Health Act 1983, as amended by Mental Health Act 2007, as “any disorder or disability of the mind”. . Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. Sections 11 and 12 are either way offences which attract a maximum sentence of 10 years imprisonment. When choosing which offences to charge, prosecutors should choose the most appropriate  offence to fit the circumstances of the case, taking account of the courts’ sentencing powers.Counts on the indictment must: Offences against children under 13, where age can be proved, should be charged under sections 5 - 8, where the circumstances fall within those sections.
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