Sexual Offences handout PDF

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Sexual offences handout...

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Sexual Offences

The Old Law

Sexual Offences Act 1956, s1: Rape

DPP v Morgan [1976] AC 182 (HL)

Sexual Offences Amendment Act 1976 s.1

Sexual Offences Act 1956, ss 14 and 15: Indecent Assault

McAllister [1997] Crim L.R 233 Boyea [1992] Crim LR 574 Court [1989] AC 28 Tabassum [2000] 2 Cr App R 328 Price [2003] EWCA Crim 2405

Need for Reform? Govt. White Paper ‘Protecting the Public – Strengthening Protection against Sex Offenders and Reforming the Law on Sexual Offences’ “The law on sex offences, as it stands, is archaic, incoherent and discriminatory. Much of it is contained in the Sexual Offences Act 1956, and most of that was simply a consolidation of nineteenth Century law. It does not reflect the changes in society and social attitudes that have taken place since the Act became law and it is widely considered to be inadequate and out of date.” (Overview, paragraphs 8 – 9)

Temkin and Ashworth

Sexual Offences Act 2003

Rape s.1

Ismail [2005] EWCA Crim 397

s. 74: Consent

Linekar [1995] 3 All ER 69

Jheeta [2007] EWCA Crim 1699

Conviction rates in the UK s.2: Assault by penetration s.3: Sexual Assault s.4: Causing a person to engage in sexual activity without consent

What is ‘sexual’? Section 78 Sexual Offences Act 2003

Section 75 – Rebuttable presumptions about consent

Section 76 – Conclusive presumptions about consent

R v Williams [1923] 1 KB 340

Critique of sections 75 and 76

‘Reasonable Belief’ in Consent

The Stern Review

Offences where one party is aged 13-15 (Sexual Offences Act 2003) s.9 Sexual activity with a child s.10 Causing or inciting a child to engage in sexual activity - max 14 years s.11 Engaging in sexual activity in the presence of a child - max 10 years s.12 Causing a child to watch a sexual act - max 10 years s.13 Child sex offences committed by children or young persons – max 5 years

Offences where one party is aged under 13 (Sexual Offences Act 2003) s.5 Rape of a child under 13 - max life s.6 Assault of a person under 13 by penetration - max life s.7 Sexual assault of a child under 13 - max 14 years s.8 causing or inciting a child under 13 to engage in sexual activity - max 14 years

Corran & Others [2005] EWCA Crim 192

Sex in breach of a position of trust (abuse of a position of trust)

Other Sexual Offences...