Sexual Offences II

S.2 Sexual Offences Act 2003 – Assault by Penetration

 

(1) A person (A) commits an offence if—

 

(a) he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else,

(b) the penetration is sexual,

(c) B does not consent to the penetration, and

(d) A does not reasonably believe that B consents.

 

Actus Reus

 

1) Penetration can be with any part of D’s body or anything else.

 

2) Penetration of the mouth does not apply to this offence.

 

  •      Also, the second actus reus element requires the penetration to be

 

 

Section 78 Sexual Offences Act 2003 (part of the Actus Reus only)

 

  •       For the purpose of this Part (except section 71), penetration, touching or any other activity is sexual if a reasonable person would consider that –

 

  1. a) whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual, or 

 

  1. b) because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.

 

s.3 Sexual Offences Act 2003 – Sexual Assault

 

 

(1) A person (A) commits an offence if—

 

(a) he intentionally touches another person (B),

(b) the touching is sexual,

(c) B does not consent to the touching, and

(d) A does not reasonably believe that B consents.

 

  •     s.3 requires actual contact.
  •     Threat/fear of contact is not enough.
  •      Therefore, street harassment (words) may be assault but not sexual assault.

 

 

  •      s.4 Sexual Offences Act 2003 – Causing a Person to Engage in Sexual Activity without Consent

 

  •      Sexual offences against children under the age of 13

 

  •      s.6 Sexual Offences Act 2003 – Assault of a Child under the age of 13 by Penetration

 

  •      s.7 Sexual Offences Act 2003 – Sexual Assault of a Child under the age of 13

 

  •      s.8 Sexual Offences Act 2003 – Causing or Inciting a Child under the age of 13 to engage in Sexual Activity

 

  •      Inciting requires a communication with the victim inciting her etc.

 

 

Sexual offences against children under 16: sections 9-12 Sexual Offences Act 2003.

 

  •      s.9: Sexual activity with a child (touching: similar to s.3 and s.7)

 

  •      s.10: causing or inciting a child to engage in sexual activity – includes explicit texting and certain types of grooming.

 

  •     s.11: engaging in sexual activity in the presence of a child.

 

 

  •     s.12: causing a child to watch a sexual act (includes image/video).

 

  •     s.13: child sex offences committed by Ds under 18 (lower max sentence)

 

  •     s.14 and 15: preparatory offences against children under 16

 

  •     s.14: arranging or facilitating (Statutory exception for youth or health workers providing safe sex advice to children)

 

  •      s.15: meeting a child following grooming. Communications need not be sexual; intention to commit a sex offence later

 

  •      s.15A: online grooming, sexting. In force from April 2017.

 

 

Relevant case law:

 

R v Court [1989] AC 28

 

R v George [1956] Crim LR 52

 

R v H [2005] EWCA Crim 732

 

R v Devonald [2008] EWCA Crim 527