Sexual offences against children Flashcards
Sexual activity with a child
S.9 Sexual offences Act 2003
A person aged 18 or over commits an offence if they intentionally touch another person, the touching is sexual and the person touched is either:
- Under 16 (defence – defendant reasonably believes the victim is 16 or over)
- Under 13 (no reasonable belief defence will be available)
Victim’s consent to the touching is irrelevant
Causing or inciting a child to engage in a sexual activity
s.10 Sexual Offences Act 2003
A person aged 18 or over
- intentionally
- causes or incites another person who is either:
* Under 16 (defence – defendant reasonably believes the victim is 16 or over)
* Under 13 (no reasonable belief defence will be available)
- To engage in a sexual activity
Sexual activity: can be with the defendant or another person
Cause: result of sexual activity required
Incite: no result of sexual activity required – only the incitement to cause the result
Engaging in a sexual activity in the presence of a child
s.11 Sexual Offences Act 2003
A person aged 18 or over
- for the purpose of obtaining sexual gratification
- intentionally
- engages in sexual activity themselves
- when another person aged under 16 or under 13 is:
- Present; or
- in a place where the defendant can be observed; and
- the defendant knows or believes the person is aware or intends that the other person is aware that they are engaging in sexual activity
Causing a child to watch a sexual act
s.12 Sexual Offences Act 2003
· A person aged 18 or over
· for the purpose of obtaining sexual gratification
· intentionally cause a person under 16 or under 13
· to watch a third person engage in sexual activity
· or to look at an image of sexual activity.
The child must see it (hearing is not enough)
Sexual activity - accused is not performing the sexual activity themselves (third party only)
Sexual gratification does not need to be derived at the time of the showing
Arranging or facilitating child sex offences
s.14 Sexual Offences Act 2003
A person intentionally arranges or facilitates something that:
- they intend to do themselves; or
- they intend or believe another person (a third party) will do
and doing it will involve the commission of an offence under ss.9-13 of the SOA 2003.
Where? - any part of the world
Result required? - No, arranging/facilitating is enough
Meeting a child following sexual grooming
s.15 Sexual Offences Act 2003
A person aged 18 or over has met or communicated with another person under 16 on at least one occasion and afterwards takes any of the following actions:
- intentionally meets the child
- travels with the intention of meeting the child
- arranges to meet the victim
- the victim travels with the intention of meeting the offender
At the time of doing so the offender intends, during or after the meeting, to do anything which involves the commission of an offence under Part 1 SOA 2003. The offender does not reasonably believe the victim is 16 or over.
Sexual communication with a child
S.15A Sexual Offences Act 2003
A person aged 18 or over
- intentionally communicates
- with a person under 16
- for the purpose of obtaining sexual gratification.
- the offender does not reasonably believe the person is 16 or over
- the communication is either sexual or intended to encourage the child to make a communication that is sexual - to the offender or a third party.
Possession of incident photographs
s.160 Criminal Justice Act 1988
A person has any indecent photographs or pseudo-photographs of a child under 18 (or someone who appears to be under 18) in their possession.
Pseudo-photographs - cartoons, computer images etc. will be treated as relating to a child if the predominant impression they create is that of a child. A photograph of a child’s head on an adult’s naked body does not count.
Making indecent photographs of children
s. 1 Protection of Children Act 1978
There are 4 separate offences for:
o Taking, permitting to be taken, or making
o Distributing or showing
o Possession with a view to distributing or showing
o Making an advertisement likely to be understood as conveying that the advertiser either distributes, shows; or, intends to distribute or show.
Possession of prohibited images of children (s. 62 Coroners & Justice Act 2009)
It is an offence to be in possession of a prohibited image of a child (under 18)
Prohibited image: still or moving image or data stored which is capable of conversion into such an image. It does NOT include indecent photographs or pseudo-photographs (that’s a different section)
The image is pornographic (reasonably assumed to have been produced for the purposes of sexual arousal).
The image either focuses principally on the child’s genitals or anal region or portrays any of the following actions:
- Penetration of vagina, anus with anything
- Oral sex
- Masturbation
- Intercourse or oral sex with an animal (dead, alive or imaginary)
With a child in the presence of a child
This is grossly offensive, disgusting or otherwise obscene
Possession of extreme pornographic images
S. 63 Criminal Justice and Immigration Act 2008
It’s an offence for a person to be in possession of an extreme pornographic image. The image is grossly offensive, disgusting or otherwise obscene and the image portrays in an explicit and realistic way one of the following acts:
- An act that threatens a person’s life
- An act which results or is likely to result in serious injury to a person’s anus, breasts or genitals
- An act involving sexual interference with a human corpse
- Intercourse or oral sex with an animal (dead or alive)
A reasonable person would think that the people and animal portrayed were real
