Jump to content

Sexual offences in English law

From Wikipedia, the free encyclopedia

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

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.

Incitement

As to incitement to commit a sexual act, that would amount to a listed sexual offence if it was done in England and Wales, outside the United Kingdom, see section 2 of the Sexual Offences (Conspiracy and Incitement) Act 1996.

Abolition of presumption of sexual incapacity

As to the abolition of the presumption of sexual incapacity, see section 1 of the Sexual Offences Act 1993.

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:

Sections 104 to 113 of the Sexual Offences Act 2003 made provision for sexual offences prevention orders. Sections 114 to 122 of that Act made provision for foreign travel orders. Sections 123 to 129 of that Act made provision for risk of sexual harm orders. Sections 104 to 113 and 114 to 122 and 123 to 129 of that Act were repealed, for England and Wales, by paragraphs 3(1) and 5(1) of the Anti-social Behaviour, Crime and Policing Act 2014.

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.

Specified sexual offences

Part 2 of Schedule 15 to the Criminal Justice Act 2003 (as amended by section 130(8) of the Police, Crime, Sentencing and Courts Act 2022) contains a list of offences that are "specified sexual offences" for the purposes of sections 244ZA and 325 of that Act.

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.[2]

Rape

[edit]

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

Assault

[edit]
[edit]

Offences against children, other than prostitution and pornography

[edit]

Offences against children under 13

[edit]

Ormerod characterizes the offences under sections 5 to 8 as offences against children under 13.[3]

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]

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 person with a mental disorder, contrary to section 40 of the Sexual Offences Act 2003
  • Care workers: causing a person with a mental disorder to watch a sexual act, contrary to section 41 of the Sexual Offences Act 2003

Child prostitution and pornography

[edit]

Indecent photographs

[edit]

Pornography

[edit]

Prostitution

[edit]

Soliciting

[edit]

Pimping

[edit]

Forcible prostitution

[edit]

Brothels

[edit]

Sexual trafficking

[edit]

Preparatory offences

[edit]

Sex with an adult relative

[edit]
  • Sex with an adult relative: penetration, contrary to section 64 of the Sexual Offences Act 2003
  • Sex with an adult relative: consenting to penetration, contrary to section 65 of the Sexual Offences Act 2003

Exposure

[edit]
  • Exposure, contrary to section 66 of the Sexual Offences Act 2003

Voyeurism

[edit]
  • Voyeurism, contrary to section 67 of the Sexual Offences Act 2003
  • Offences under section 67A of the Sexual Offences Act 2003, as inserted by section 1(2) of the Voyeurism (Offences) Act 2019

Bestiality

[edit]

Necrophilia

[edit]

Sexual activity in a public lavatory

[edit]

Abolished offences

[edit]

See History of English criminal law#Sexual Offences

See also

[edit]

References

[edit]
  • Rook and Ward on Sexual Offences. Third Edition. Sweet & Maxwell. 2007. Fourth Edition. 2010. Supplement. 2014.
  • Richard Card, Alisdair A Gillespie and Michael Hirst. Sexual Offences. Jordans. 2008.
  • Richardson and Clark: Sexual Offences: A Practitioner's Guide. Bloomsbury Professional. 2014. Google
  • Patricia Lees and Eleanor Laws. The Sexual Offences Referencer. Second Edition. Oxford University Press. 2014.
  • Felicity Gerry, Catarina Sjölin and Lyndon Harris. Sexual Offences Handbook: Law, Practice and Procedure. Second Edition. Wildy, Simmonds & Hill Publishing. 2014.
  • Richard Card. Sexual Offences: The New Law. Jordans. 2004. Google
  • Jeffrey Lamb. Sexual Offences. Tottel Publishing. 2003. Google
  • "Sexual Offences". Archbold Criminal Pleading, Evidence and Practice 2014. Sweet & Maxwell. Thomson Reuters. Chapter 20. Page 2041 et seq.
  • Hooper and Ormerod. "Sexual Offences". Blackstone's Criminal Practice 2012. Oxford University Press. 2011. Section B3. Page 292 et seq.
  • Stone's Justices Manual.
  • "Sexual Offences". Archbold Magistrates' Courts Criminal Practice 2015. Sweet & Maxwell. Thomson Reuters. 2014. Chapter 14. Page 847 et seq.
  • Anthony Edwards. "Sexual Offences". Blackstone's Magistrates' Court Handbook 2021. Eighth Edition. Oxford University Press. 2021. Section C14. Page 409 et seq.
  • "Sexual Offences". Halsbury's Laws of England. Fifth Edition. LexisNexis. 2008. Volume 25. Volume 26. Page 174 et seq.
  • David Ormerod and Karl Laird. Smith and Hogan's Criminal Law. Fourteenth Edition. Oxford University Press. 2015. Chapter 18. Page 817 et seq.
  • Richard Card and Jill Molloy. "Sexual Offences". Card, Cross & Jones Criminal Law. Twenty-second Edition. Oxford University Press. 2016. Chapter 9. Page 317 et seq.
  • C M V Clarkson. "Sexual Offences". Understanding Criminal Law. Fourth Edition. Sweet & Maxwell. London. 2005. Chapter. Section 3. Page 192 et seq.
  • Michael J Allen and Ian Edwards. "Sexual Offences". Criminal Law. Sixteenth Edition. Oxford University Press. 2021. Chapter 11. Page 468 et seq.
  • Jonathan Herring. "Sexual Offences". Criminal Law: Text, Cases, and Materials. Ninth Edition. Oxford University Press. 2020. Chapter 7. Page 419 et seq.
  • Janet Loveless, Mischa Allen and Caroline Derry. "Sexual Offences". Complete Criminal Law: Text, Cases, and Materials. Seventh Edition. Oxford University Press. Chapter 11. Page 515 et seq.
  • Nicola Padfield. "Sexual Offences". Criminal Law. Tenth Edition. Oxford University Press. 2016. Chapter 10. Page 286 et seq.
  • J J Child, A P Simester, J R Spencer, F Stark and G J Virgo. "The Principal Sexual Offences". Simester and Sullivan's Criminal Law: Theory and Doctrine. Eighth Edition. Hart Publishing. 2022. Chapter 12. Page 537 et seq.
  • Jeremy Horder. Ashworth's Principles of Criminal Law. Ninth Edition. Oxford University Press. 2019. Chapters 9.4 to 9.8. Page 342 to 376. See particularly p 344 et seq.
  1. ^ David Ormerod. Smith and Hogan's Criminal Law. Thirteenth Edition. Oxford University Press. 2011. Chapter 18.3 ("Non-consensual offences"). Pages 740 to 751.
  2. ^ Richard Card, Alisdair A Gillespie and Michael Hirst. "Non-consensual offences under the Sexual Offences Act 2003". Sexual Offences. Jordans. 2008. p 46.
  3. ^ David Ormerod. Smith and Hogan's Criminal Law. Thirteenth Edition. Oxford University Press. 2011. Chapter 18.4 ("Offences against children under 13"). Pages 751 to 757.
  4. ^ The Criminal Justice Act 2003, Schedule 15, Part 2, paragraph 100
  5. ^ The Criminal Justice Act 2003, Schedule 15, Part 2, paragraph 152A, as inserted by section 6(3) of the Modern Slavery Act 2015