Sexual Offences Flashcards
Auntie sexually touches her niece. Offence?
No it must involve penetration
For exposure, what do you have to show?
That the suspect intended to cause someone had
Can you legally have sex with your step siblings or half siblings?
Yes
Is it illegal to have sex in front of children
Only if you are doing it for sexual gratification
A couple are having sex in front of kids for a sexual thrill. However the child covers their eyes through the whole thing and doesn’t see anything. Offence?
Yes the wording is intending that the victim should be aware
A dad shows his 10 year old porn to teach him. Is it an offence of causing a child to watch a sexual activity?
No must do it for sexual gratification
If a suspect aged 15 causes a child to engage in sexual activity, is it an offence?
Yes - but with a reduced sentence of 5 years
Could mr Gardner have sex with a pupil?
Not unless they were over 16 and married at the time. Or they were in a lawful sexual relationship immediately before.
Tessa joins sixth form at a new school. Her bf is a teacher there. They have sex. Offence?
No - lawful relationship prior
What if waterhouse is away abroad when he needs to notify?
He has 3 days from when he returns home.
How many prostitutes for it to be a brothel
More than one
Trespassing with the intent to commit a sexual offence. Does the suspect have to know that he was trespassing?
Yes or was reckless as to whether he was trespassing
Gary glitter travels to meet a 12 year old after telling her he wants to commit a sexual act. He doesn’t intend to do the act at the meeting but does intend to after. Offence?
Yes - must be either at the meeting or afterwards
CARTSONIS, aged 16, is the half-brother to MORAN, aged 19—CARTSONIS’ mother married MORAN’s father. They have developed a sexual relationship since the marriage, which involves regular sexual intercourse.
Who, if anyone, has committed an offence?
Both regardless of their ages.
Half siblings are included.
for an offence under s. 25 (sexual touching) the ‘victim’ must be under 18 and the ‘perpetrator’ could be any age.
under s. 64(1) (penetration and sex) of the Act, offences can be committed by both parties where one relative (“who is 16 or over”) intentionally penetrates the vagina or anus of another relative aged 18 or over
If 17 year old couple have sex in front of a child for sexual gratification, are they engaging in sexual activity in the presence of a child?
No - they are not over 18
a teacher who sexually kisses his partner just outside the school gates, is it engaging in sexual activity in presence of a child?
could be deemed to be engaging in sexual activity intentionally in front of a child, and might otherwise be caught by the offence.
I go into a bush and whack my cock out. I intend to caused alarm and distress and intend for it to be seen. No one has actually seen me. Offence?
Yes no one actually needs to see me. Just need intent for someone to see and to cause alarm and distress.
A suspect inserts a sex toy into someone’s vagina. Do we need to prove sexual intent or gratification?
No this act is sexual already.
Section 78 of the Act defines the term ‘sexual’ and provides that penetration, touching or any other activity will be sexual if a reasonable person would consider that: “ (a) whatever its circumstances or any person’s purpose in relation to it, it is sexual by its very nature or, (b) because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it, it is sexual.” Inserting a sex toy into a female’s vagina has to fall within point (a), an act which is sexual by its very nature and in the circumstances described, there would be no requirement to show that TRENT intended the activity to be sexual.
We also need to show that the suspect did not reasonably believe that she consented.
A doctor inserts his fingers into a patient. The patient complains and says this was sexual. What do we need to prove?
Section 78 of the Act defines the term ‘sexual’ and provides that penetration, touching or any other activity will be sexual if a reasonable person would consider that: “ (a) whatever its circumstances or any person’s purpose in relation to it, it is sexual by its very nature or, (b) because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it, it is sexual.”
The situation described in point (b) will usually be reserved for occasions where an activity is not certain to be sexual, but where because of its circumstances or the purpose of any person in relation to it, it is sexual (such as unusual sexual fetishes or fixations).
We also need to show that the doctor did not reasonably believe she consented.
A suspect (aged 18) grooms a 14 year old. He says at court that he thought she was over 16. What do we need to show?
For an offence to take place under s. 15(1) of the Sexual Offences Act 2003, the defendant must be aged 18 years or over and the victim must be under 16 years of age. It must also be shown that “the defendant did not reasonably believe that the victim was 16 or over”.
If a suspect gives someone drugs and then rapes them, will they also be done for administering a substance with intent?
No this is a preparatory offence. Just rape.
Think attempted burglary and burglary.
COMETSON who is 30 years of age and his wife adopted KATIE when she was 14 years of age. KATIE becomes infatuated with COMETSON over the time when she lives with her adopted family. On her 17th birthday they have consensual sex.
Have offences contrary to ss. 64 and 65 of the Sexual Offences Act 2003, having sex with a family member, been committed? If so - who?
Yes, but only COMETSON has committed this offence.
The Criminal Justice and Immigration Act 2008 amended ss. 64 and 65 of the Sexual Offences Act 2003 so that the offences of sex with an adult relative are committed where an adoptive parent has consensual sex with their adopted child when he or she is aged 18 or over. The adopted person does not commit this offence unless he or she is aged 18 or over. As KATIE is not over 18 she cannot commit this offence; answer A is therefore incorrect. The fact she is 16 years or over is irrelevant as she is an adopted person and is not aged 18 years or over;
Who commits the offence of sex with a family member when 16 year old half brother has sex with 18 year old half sister?
Both.
He is over 16 and has penetrated the vagina. She is over 18 so also commits the offence.
16 year old boys commit offence. 18 year old girls commit offence.
I pimp out Lucy to Francis Habgood in the hope that he promotes me. There is no guarantee of this. Do i commit the offence of controlling a prostitute for gain?
Yes, as there will be future financial advantage.
Gain’ is defined by s. 54 of the Act as any financial advantage, including the discharge of a debt or obligation to pay, or the provision of goods or services (including sexual services) for free, or at a discount. It also covers the goodwill of any person likely to bring such a financial advantage. So this would cover CORNELIUS inciting his girlfriend to work as a prostitute for DIBLEY, where CORNELIUS expects this will lead to DIBLEY providing him with cheap drugs at a later date.
I pimp out Lucy to Francis Habgood in the hope that he lets me borrow his car. Have i committed the offence of controlling a prostitute for gain?
No - must be money.
Gain’ is defined by s. 54 of the Act as any financial advantage, including the discharge of a debt or obligation to pay, or the provision of goods or services (including sexual services) for free, or at a discount. It also covers the goodwill of any person likely to bring such a financial advantage. So this would cover CORNELIUS inciting his girlfriend to work as a prostitute for DIBLEY, where CORNELIUS expects this will lead to DIBLEY providing him with cheap drugs at a later date.
The suspect and victim were detained together by a kidnapper. The suspect then has sex with the victim. As the victim was unlawfully detained, can we assume that consent is not present?
No - consent is only presumed not present if the victim was unlawfully detained but the suspect wasn’t. In this case both of them were unlawfully detained.
Who decides whether something is sexual?
Reasonable person (black stones) It is a question of fact for the jury to decide (police pass)
How old is a suspect for sexual activity with a child?
18 or over
A couple have sex getting gratification of suspecting a toddler is watching. Engaging in sexual activity in the presence of a child?
No - must know believe or intend for them to be aware that they are engaging in the activity.
Ralph (25) sends one text message to a a 15 year old girl asking to meet. She agrees and he is stopped en route by police. Grooming?
Yes
18 or over
Met or communicated
Wit another person
On one or more occasions
And later either intentionally meets, travels with the intention of meeting in any part of the world, or the victim travels to see him
At the time of doing so they intend to commit a sexual offence
Victim under 16
Does not reasonably believe they are 16 or over
What is the victim age for position of trust offences?
Under 18
Do we need to prove they know they were in a position of trust?
No
They are taken to know that they are in such a position
Unless the defence adduce evidence to raise an issue whether they knew/expected to know
What images are covered under extreme pornographic images?
Grossly offensive
Disgusting
Otherwise of an obscene character
An act that:
Threatens a persons life
Likely to result in serious in injury to anus, breasts or genitals
Intercourse with a corpse or animal (dead or alive)
A reasonable person would think people/animals involved are real.
Dpp consent required.
Two girls one cup. Is it extreme pornographic images?
No
Disgusting - yes
However doesn’t threaten life, doesn’t involve animals or corpses and doesn’t risk serious injury
Someone has sex with a severely disabled person. Do we need to show that they knew they were disabled?
Yes
We must show they knew the victim had a mental disorder or was expected to have known
And because of this, they were unable to refuse.
What kind of acts are outraging public decency?
Lewd
Obscene
Disgusting
Do we need to prove anything with regards to outraging public decency other than the person committed a lewd, obscene or disgusting act?
No need to prove anyone upset.
The act must be committed where it MIGHT be seen by the public.
For trespass with intent to commit a sexual offence, can it be open air?
No must be premises.
Premises will include a structure or part of a structure (including a tent, vehicle or vessel of other temporary or moveable structure) so the Ford Mondeo vehicle is a ‘premises’ for the purpose of this offence.
BUTCHER is a man who wishes to pay a prostitute for sexual intercourse. He has never done this before and is a bit unsure of what to do. He gets into his car and drives to a residential area he believes, mistakenly, to be a well-known red light area. He notices a lone woman standing near a bus stop. He stops beside her and says, ‘Are you doing business?’ Not knowing what he means she says, ‘No I’m waiting for a bus, what sort of business are you looking for?’.
Confused, BUTCHER drives straight home.
Offence?
Yes
He has committed an offence of kerb-crawling as he has solicited the woman from his car.
JOSHUA is an outreach worker, employed by Social Services. In a train station situated in JOSHUA’s area, under-age children take part in prostitution. JOSHUA assists the children by giving advice to prevent them from contracting any sexually transmitted infections and has recently begun to distribute condoms to prevent child pregnancy and sexually transmitted infections.
Could JOSHUA be guilty of an offence under s. 14(1) of the Sexual Offences Act 2003 (arranging or facilitating child sex offences)?
No, JOSHUA is exempt from the offence as he is acting to prevent children from contracting a sexually transmitted infection or from becoming pregnant.
There is an exception unders. 14(2) and (3) of the Act, which specifically excludes the actions of those who are “protecting” the child in question. Acting for the child’s protection must fall within one of the following: • protecting the child from sexually transmitted infection, • protecting the physical safety of the child, • preventing the child from becoming pregnant, or • promoting the child’s emotional well-being by the giving of advice, and “not” for obtaining sexual gratification or for causing or encouraging the activity constituting the relevant child sex offence or the child’s participation in it. This statutory exception covers activities such as health workers supplying condoms to people under 16 who are intent on having sex in any event and need protection from infection or becoming pregnant.
Must the communication be sexual for grooming?
No but it must have sexual intent at the time of arranging the meeting.
A man aged 25 messages a 14 year old girl. He wants to meet up with her to discuss gaming and they arrange to meet. Whilst at the meeting, forms the intention to have sex with her. Is this grooming?
No because at the time of arranging the meeting, there was no sexual intent. Whilst it does not have to be sexual chat, there must be an intention to commit an offence at the meeting.
A sex offender deletes child porn. The porn can however be retrieved if he downloaded software but at the moment he doesn’t have it. Is he still in possession of it?
It was held that if a person cannot access the images then he was no longer in possession of them.
R v porter 2006
Is opening an email attachment of a child porn image, making an indecent image?
Yes
