Sexual offences in English law: Difference between revisions

There are a number of sexual offences under the law of England and Wales.

The following offences are created for England and Wales by the Sexual Offences Act 2003, except where otherwise stated:

Common features[edit]

General interpretation

Consent

As to consent, see sections 74 to 77 of the Sexual Offences Act 2003.

“Sexual”

As to the meaning of “sexual”, see section 78 of the Sexual Offences Act 2003.

Touching

As to touching, see section 79(8) of the Sexual Offences Act 2003.

Notification requirements

As to notification requirements, see sections 80 to 92 of the Sexual Offences Act 2003. See formerly Part I of the Sex Offenders Act 1997.

Orders

Sexual offenders may be subject to the following orders, in particular:

• Notification orders. As to these, see sections 97 to 103 of the Sexual Offences Act 2003.
• Sexual offences prevention orders. As to these, see sections 104 to 113 of the Sexual Offences Act 2003.
• Foreign travel orders. As to these, see sections 114 to 122 of the Sexual Offences Act 2003.
• Risk of sexual harm orders. As to these, see sections 123 to 129 of the Sexual Offences Act 2003.

Entry and search

As to the power to enter and search the relevant offender’s home address, see section 96B of the Sexual Offences Act 2003.

Anonymity of victims

As to the anonymity of victims, see the Sexual Offences (Amendment) Act 1992.

Non-consensual offences[edit]

Ormerod characterizes the offences under sections 1 to 4 of the Sexual Offences Act 2003 as non-consensual offences.^[1] Card, Gillespie and Hirst characterize the offences under sections 1 to 8 of that Act as non-consensual offences.Richard Card, Alisdair A Gillespie and Michael Hirst. “Non-consensual offences under the

The offence of rape is created by section 1 of the Sexual Offences Act 2003.

Assault[edit]

Sexual activity without consent[edit]

Offences against children, other than prostitution and pornography[edit]

Offences against children under 13[edit]

Offences against children under 16[edit]

Abuse of position of trust[edit]

The following offences replace offences under the Sexual Offences (Amendment) Act 2000:

• Abuse of position of trust: sexual activity with a child, contrary to section 16 of the Sexual Offences Act 2003
• Abuse of position of trust: causing or inciting a child to engage in sexual activity, contrary to section 17 of the Sexual Offences Act 2003
• Abuse of position of trust: sexual activity in the presence of a child, contrary to section 18 of the Sexual Offences Act 2003
• Abuse of position of trust: causing a child to watch a sexual act, contrary to section 19 of the Sexual Offences Act 2003

Offences against child family members[edit]

Offences against mentally disordered persons[edit]

Mental disorder impeding choice[edit]

Inducement, threat or deception[edit]

• Inducement, threat or deception to procure sexual activity with a person with a mental disorder, contrary to section 34 of the Sexual Offences Act 2003
• Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception, contrary to section 35 of the Sexual Offences Act 2003
• Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder, contrary to section 36 of the Sexual Offences Act 2003
• Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception, contrary to section 37 of the Sexual Offences Act 2003

Offences by care workers[edit]

• Care workers: sexual activity with a person with a mental disorder, contrary to section 38 of the Sexual Offences Act 2003
• Care workers: causing or inciting sexual activity, contrary to section 39 of the Sexual Offences Act 2003
• Care workers: sexual activity in the presence of a…