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Topic: Sexual Offences Act 2003

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	[No title] (Site not responding. Last check: 2007-10-13)
		The offence is committed where the penetration is by a part of A’s body (for example, a finger) or anything else (for example, a bottle or vibrator); the penetration is sexual; and B does not consent to the penetration and A does not reasonably believe that B consents.
		Rape Assault by penetration Sexual Assault Causing or inciting a child under 13 to engage in sexual activity It is an offence for a person intentionally to cause or incite a child under the age of 13 to engage in sexual activity.
		Offences against person with a mental disorder The following offences apply in cases where the victim is unable to agree to the sexual activity because of a mental disorder which impedes their choice victim had agreed to the sexual activity, because of a mental disorder, which makes them vulnerable to inducements, threats or deceptions.
	www.kingston.gov.uk /nln/sexual_offences_act_summary.doc (2679 words)

	[No title] (Site not responding. Last check: 2007-10-13)
		That offence is committed if the defendant is proved to have intentionally penetrated, with a part of his body or anything else, the vagina or anus of the complainant, where the penetration is sexual.
		It is the new offence of administering a substance with intent.
		The Sexual Offences Act 2003 does not impose an obligation on offenders to disclose to potential or actual employers the fact they are subject to the notification requirements, although of course some employers will continue to require disclosure of an applicant’s criminal convictions in a job application.
	www.stubblegal.ltd.uk /products/4Cri09.txt (6674 words)

	Truthaboutrape
		A number of new offences deal with sexual activities involving children including the revision of sexual intercourse with a child under 13 as statutory rape and the prohibition of a range of sexual activities conducted with children under 16.
		The law relating to the sexual exploitation of children and in particular child pornography and the taking of indecent photographs of children is tightened up and new provisions addressing those who cause and encourage child prostitution and trafficking appear in the legislation.
		Three new offences are introduced to deal with those who attempt to procure sexual activity by the administration of drugs, or who exercise violence or trespass on premises.
	www.truthaboutrape.co.uk /44670.html (2784 words)

	Sexual Offences Act 2003
		Although this offence is not specifically limited to where B is aged 18 or over, it is aimed at cases where B is an adult, as the offence at section 48 specifically covers cases where B is under 18.
		The sexual activity in this offence could involve A having sexual intercourse with or masturbating B; could involve A causing B to commit a sexual act upon himself (for example, masturbation); or could involve B and a third party engaging in sexual activity together, regardless of whether the third party had administered the substance.
		This offence is intended to capture the situation where A commits a criminal offence but does so with the intention of committing a subsequent sexual offence, regardless of whether or not the substantive sexual offence is committed.
	www.opsi.gov.uk /acts/en2003/03en42-b.htm (3223 words)

	Sexual offences explained - TheSite.org
		Under the Sexual Offences Act 2003, it is an offence for any male to penetrate the vagina, anus or mouth of a female or male without their consent.
		The offence is committed where the penetration is by a part of the body (for example, a finger) or anything else (for example, a bottle) for sexual intent.
		It is an offence to cause or encourage another person to engage in sexual activity without his or her consent.
	www.thesite.org /homelawandmoney/law/yourrights/sexualoffencesexplained (390 words)

	Crime Statistics for England and Wales - Long-term national recorded crime trend: Sexual offences
		The Sexual Offences Act 2003 was introduced in May 2004 and altered the definition and coverage of sexual offences.
		In particular, it re-defined indecent exposure as a sexual offence which is likely to account for much of the increase in 2004/05.
		In addition, Police and Government action to support victims of sexual offences is likely to have increased the number of such incidents being brought to the attention of the police and therefore recorded by them.
	www.crimestatistics.org.uk /output/page24.asp (215 words)

	SW5 - Sexual Offences Act 2003
		Sexual – Penetration, touching or any other activity is sexual if a reasonable person would consider that it is or because it is done with a sexual purpose, eg the activities of a foot fetishist may not be considered sexual by a 'reasonable person', but if done for a sexual purpose, it's sexual.
		It is not an offence if it was done to protect the child from sexually transmitted infection or pregnancy; protect the physical safety of the child; or promote the child's emotional well-being by the giving of advice...
		New Sexual offences prevention orders may be made by a court on conviction etc. for a violent or sexual offence, or following an application by the police in respect of a person with such a conviction etc. living in the community.
	www.swy.org.uk /soa2003.htm (3150 words)

	[No title]
		The Sexual Offences Act 2004 In order to secure a conviction for rape it is necessary to prove beyond reasonable doubt not only that the defendant committed an act that meets the legal definition of rape but also that the defendant knew that the victim was not consenting.
		However, the 2003 Act differentiates between six categories where consent is presumed to be absent, unless there is sufficient evidence to the contrary to raise an issue that the defendant reasonably believed that the victim consented, and two categories where consent is conclusively presumed to be absent.
		In M.C. v Bulgaria in 2003 Bulgaria was held to have violated the rights of a girl because she could not prove non-consent because the legal definition of non-consent required force to be used and she was not physically restrained during the rapes.
	www.bris.ac.uk /sps/downloads/working_papers/sps07_nw.doc (5462 words)

	Sexual Offences Act 2003
		and not for the purpose of obtaining sexual gratification or for the purpose of causing or encouraging the activity constituting the offence within subsection (1)(b) or the child's participation in it.
		(3) Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.
		(3) In proceedings for an offence under section 25 or 26 it is for the defendant to prove the matters mentioned in subsection (1)(a) to (c).
	www.opsi.gov.uk /acts/acts2003/30042--b.htm (11661 words)

	Safeguarding Children - Child Contact - Offences under the Sexual Offences Act 1956
		An offence under Section 170 of the Customs and Excise Management Act 1979 in relation to goods prohibited to be imported under Section 42 of the Customs Consolidation Act 1876 where the goods include indecent photographs of persons under 16.
		All child sex offences, with the exception of rape, will be gender neutral and will apply equally to offences committed by males or females, on girls or boys.
		These offences* are drafted to apply to all children under 16, but where the child was under 13 at the time of the offence we would expect the CPS to charge one of the under 13 offences.
	adss.org.uk /publications/guidance/protection/1-2offences.shtml (800 words)

	CRIMINAL PROCEDURE ACT 1986 - SCHEDULE 1
		Crimes Act 1900 is a reference to the total value of the property where the damage consists of removing, obliterating, defacing or altering the unique identifier of the property.
		(b) the serious indictable offence alleged is stealing or maliciously destroying or damaging property and the value of the property stolen or destroyed, or the value of the damage to the property, does not exceed $15,000.
		Mining Act 1992, of contravening a condition of a lease, licence or mineral claim under that Act that is identified in the lease, licence or claim as a condition related to environmental management.
	www.austlii.edu.au /au/legis/nsw/consol_act/cpa1986188/sch1.html (2192 words)

	Legislation
		Amending the Protection from Harassment Act 1997 to ensure that victims have their say if an application is made to vary or terminate a restraining order that is protecting them from abuse or harassment.
		Sexual crime, and the fear of sexual crime, has a profound and damaging effect on individuals and on the social fabric of communities.
		The Sexual Offences Act 2003 strengthens the registration requirements for sex offenders on the one hand, and comprehensively reforms and modernises the law on sex offences on the other.
	www.cjsonline.gov.uk /the_cjs/parliament/legislation/index.html (878 words)

	Republic of Strathclyde (Site not responding. Last check: 2007-10-13)
		Woman exercising control over prostitute ---It is an offence, punishable by imprisonment for a term not less than ten years, for a woman for purposes of gain to exercise control, direction or influence over a prostitute's movement in a way which shows she is aiding, abetting or compelling her prostitution.
		Solicitation by men or women ---It is not an offence for a man or a woman persistently to solicit or importune in a public place for the purposes of engaging the services of a prostitute.
		Keeping a brothel ---It is not an offence for a person to keep a brothel, or to manage, or act or assist in the management of, a brothel properly licensed by the local authority and registered with the local police.
	groups.msn.com /RepublicofStrathclyde/sexualoffencesact20032.msnw (990 words)

	Legislation relating to the provision of sex education in schools in England and Wales
		The repeal of Section 28 of the Local Government Act was voted for by the House of Commons in March 2003 and by the House of Lords in July 2003.
		The Sexual Offences (Amendment) Act came into effect on January 8th 2001, and reduced the age of sexual consent for gay men from 18 to 16 in England, Wales and Scotland.
		In the same year the 1988 Local Government Act stated that a local authority was not permitted to “ intentionally promote homosexuality or publish material with the intention of promoting homosexuality ” or to “ promote the teaching in any maintained school of the acceptability of homosexuality as a pretended family relationship.
	www.avert.org /legislation.htm (1835 words)

	Published Articles, Rougement Chambers, Exeter Barristers
		Familial child sex offences and offences involving adult relatives are provided for, as are offences designed to give protection to persons with a mental disorder.
		It provides for preparatory offences, such as administering a substance with intent to commit a sexual offence, and a number of miscellaneous offences, such as voyeurism and intercourse with an animal.
		Risk of sexual harm orders, specifically designed to protect children from sexual harm, have been created, as have foreign travel orders, which can be used to prevent an offender with a conviction for a sex offence against a child from travelling to countries where he is at risk of abusing children.
	www.rougemontchambers.co.uk /ArticleSO.htm (546 words)

	[No title]
		Under the old law, section 1(2)(b) of the Sexual Offences Act 1956 stated that the mens rea required was that: ‘at the time he knows that the person does not consent to the intercourse or is reckless as to whether that person consents to it’.
		Only reasonable mistakes negative mens rea Prior to the Sexual Offences Act 2003, the controversial case of DPP v Morgan (1976), ruled an honest mistake that the victim was consenting could negative mens rea, even though the mistake was not reasonable.
		For this offence the consent of the child is irrelevant, the offence is automatically committed by intentionally having sexual intercourse with a child under thirteen.
	www.booksites.net /download/elliottquinn_crimlaw/student_files/Crim_4e_update_Jan04.doc (1270 words)

	Meg Munn MP \| Meg's Views and Opinions
		Before the Sexual Offences Act 2003, the law was clearly unsatisfactory, and terminology such as "mental defective" was demeaning to vulnerable adults.
		A woman who has been subjected to a sexual offence, or her carers, might not have realised that support was available, or the witness support service run by Victim Support might not have been notified that the woman had special needs.
		I argued that there are benefits to having this offence in the new legislation rather than seeking to deal with it through mental health or mental capacity legislation, as that recognises that people with learning disabilities are people first, who have specific needs that arise from their disability.
	www.megmunnmp.org.uk /datapages/views/viewsviewentry.asp?id=40 (1803 words)

	Home Office Circular 019 / 2004
		The notification requirements of the Sexual Offences Act 2003 are intended to protect the public from sex offenders and to assist the police in the detection of sexual crimes.
		The Sex Offenders Act 1997 included buggery and indecency between men as offences that lead to automatic sex offender registration when the offender is aged 20 or over and the victim under the age of 18 at the time of the offence (Schedule 1).
		The Sexual Offences Act 2003 repeals these offences, and the activity covered by these offences which is to remain illegal (such as sexual activity with a child under 16) is covered by new offences in Part 1 of the 2003 Act.
	www.knowledgenetwork.gov.uk /HO/circular.nsf/79755433dd36a66980256d4f004d1514/b37064469292eaeb80256e5900413864?OpenDocument (2875 words)

	spiked \| Put the Sexual Offences Act to bed
		In a nutshell, this act states that the burden to prove consent lies with the man: the alleged rapist has to show that he had taken ‘reasonable steps’ to ensure that the woman had consented to sex.
		The Sexual Offences Act 2003 also states that a person must have the freedom and capacity to consent to sex, raising the question of whether it’s legally possible for women to consent while very drunk.
		The Sexual Offences Act 2003 is a case of feminist theory trying to remake society in its own image.
	www.spiked-online.com /index.php?/site/printable/243 (656 words)

	Sexual Offences Act 2003
		In section 103(2)(c), the words from "the Indecency with Children Act 1960" to "1977 or".
		In section 80(7), the words from "the Sexual Offences Act 1956" to "1977 or".
		In section 32(2)(c), the words from "the Sexual Offences Act 1956" to "1977 or".
	www.hmso.gov.uk /acts/acts2003/30042--k.htm (552 words)

	Sexual Offences
		To ask the Secretary of State for the Home Department if he will make a statement on (a) offences for which sexual activity in public lavatories may be prosecuted and (b) the suitability of those offences for dealing with such behaviour.
		Sexual activity in public lavatories will be covered by a specific new offence in section 71 of the Sexual Offences Act 2003.
		The new offence will not require that someone should be caused "alarm, distress, or offence" by the activity, which is a requirement of section 5 of the Public Order Act.
	www.crimeline.info /soa71.htm (253 words)

	Essay: "The key provisions of the Sexual Offences Act 2003 are inconsistent, incoherent and unfair." Discuss. - ...
		Essay: "The key provisions of the Sexual Offences Act 2003 are inconsistent, incoherent and unfair." Discuss.
		Laura Jenkins Jesus College, Part II Law "The key provisions of the Sexual Offences Act 2003 are inconsistent, incoherent and unfair." Discuss.
		In extending sexual offences to enable women to be the perpetrators as well as the victims (s.
	www.coursework.info /University/Law/The_key_provisions_of_the_Sexual_Offences_Act_2003_are_L51474.html (241 words)

	Teachernet, Sexual Offences Act 2003
		This Act represents a major overhaul in the sexual offences framework.
		Sexual crime, and the fear of sexual crime, has a profound and damaging effect on the lives of individuals and communities.
		Throughout the Act, the maximum penalties for offences have been reviewed and, where necessary, ammended to reflect the seriousness of the behaviour involved.
	www.teachernet.gov.uk /wholeschool/familyandcommunity/childprotection/news/Sexual_Offences_Act_2003 (231 words)

	Sexual Offences Act Report
		The Sexual Offences Act 2003 is repealing all of this legislation and re-introducing most of the provisions with some improvements.
		Schedule 3, which lists the offences which trigger the notification requirements of part 2 of the Sexual Offences Act 2003, includes most of the new sexual offences contained in Part 1 of the 2003 Act (some have disposal or other thresholds that must be met before notification is triggered)
		The annexes of the document contain various forms regarding to sexual offences such as Sexual offenders registration form.
	www.crimereduction.gov.uk /sexual/sexual027.htm (440 words)

	Home Office Circular 021 / 2004
		Offences which were committed prior to commencement of the Act should be prosecuted under the legislation in force at the time the offence was committed.
		Where more than one offence is capable of being charged for an offence, it is the responsibility of the CPS to decide the appropriate charge.
		A reference table of the offences and their penalties is provided at annex B of the attached document.
	www.knowledgenetwork.gov.uk /HO/circular.nsf/79755433dd36a66980256d4f004d1514/f42df595cc5a54db80256e5f0057517c?OpenDocument (460 words)

	Sex offenders' register to include senders of indecent email \| OUT-LAW.COM
		An Order has amended the Sexual Offences Act of 2003 to make it possible for offences which are not primarily sexual in nature to be punishable by a sexual offences prevention order (SOPO).
		The amendments now made are designed to include acts which are not in themselves sexual in nature but which relate to sex offences.
		A person who has committed one of the offences listed may or may not be handed a SOPO and added to the sex offenders' register.
	www.out-law.com /page-7782 (398 words)

	NICCY-Welcome for proposed tightening of sexual offence legislation
		All penetrative sexual activity (including penetration of the mouth) with a child under 13 will automatically be clarified as rape with a maximum life penalty.
		Other offences, including assault by penetration (with an object or part of the body) and sexual assault (any kind of sexual touching) will automatically be classified as rape with a possible life penalty.
		The Act introduces a number of redefined offences, new offences and increased tariffs establishing a new legal framework for the protection of all children from abuse.
	www.niccy.org /article.aspx?menuId=272 (665 words)

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