Sexual offences in the United Kingdom
There are a number of
Rape
Rape has the same statutory definition for all three jurisdictions. Each jurisdiction has its own case law on the interpretation of that legislation. The statutory definition is:
If a person ("A"), with A's penis – penetrates to any extent, without (1) another person ("B") consenting, and (2) without any reasonable belief that B consents, either intending to do so or reckless as to whether there is penetration, the vagina, anus or mouth of B then – A commits an offence, to be known as the offence of rape.[1][2][3]
It is therefore only legally possible for a cisgender woman to be guilty of rape if they assist a male assailant in an attack on a third party. Otherwise, a female can be charged with assault by penetration or causing sexual activity without consent, both of which carry similar sentences to rape.[4] If a man has sex with someone under the age of 16 then he is also guilty of rape as a child cannot lawfully consent to sex.[5]
Of women aged 16 to 59 in England & Wales interviewed for the 2006/07
England and Wales
In England and Wales, there are non-consensual offences of rape, assault by penetration, sexual assault, and sexual activity without consent.[8] There are a number of sexual offences against children under 13,[9] against children under 16,[10] and against child family members.[11] There are a number of sexual offences of abuse of position of trust.[12] There are a number of sexual offences against persons with a mental disorder impeding choice,[13] and of using inducement, threat or deception against person with a mental disorder.[14] There are a number of sexual offences that consist of conduct by care workers against persons with a mental disorder.[15] There is an offence of paying for sexual services of a child,[16] a number of offences relating to child prostitution or pornography,[17] and number of offences relating to indecent photographs of children.[18] There is an offence of extreme pornography.[19] There are offences of loitering or soliciting for purposes of prostitution,[20] and causing, inciting or controlling prostitution for gain.[21] There is an offence of paying for sexual services of a prostitute subjected to force.[22] There are a number of offences relating to brothels and premises used for prostitution.[23] There are a number of offences of trafficking for sexual exploitation,[24] a number of sexual preparatory offences,[25] and a number of offences of sex with an adult relative.[26] There are offences of exposure, voyeurism, bestiality, necrophilia and sexual activity in a public lavatory.[27]
There are notification requirements for sexual offenders.[28] There are powers to impose notification orders, sexual harm prevention orders and sexual risk orders on sexual offenders.[29] There are powers of entry and search against the homes of sexual offenders.[30]
There is statutory provision for the anonymity of victims of sexual offences.[31]
Northern Ireland
In Northern Ireland, there are offences of rape, assault by penetration, sexual assault and sexual activity without consent.[32] There are a number of sexual offences against children under 13,[33] against children under 16,[34] and against child family members.[35] There are a number of sexual offences of abuse of position of trust.[36] There is an offence of paying for sexual services of a child,[37] a number of offences relating to child prostitution or pornography,[38] and number of offences relating to indecent photographs of children.[39] There are a number of sexual offences against persons with a mental disorder impeding choice,[40] and of using inducement, threat or deception against person with a mental disorder.[41] There are a number of sexual offences that consist of conduct by care workers against persons with a mental disorder.[42] There is an offence of extreme pornography.[43] There are offences of loitering or soliciting for purposes of prostitution, kerb-crawling and persistent soliciting,[44] There are a number of offences of causing, inciting or controlling prostitution for gain,[45] and there is an offence of keeping a brothel used for prostitution.[46] There is an offence of paying for sexual services of a person.[47] There are a number of sexual preparatory offences,[48] and a number of offences of sex with an adult relative.[49] There are offences of exposure, voyeurism, bestiality, necrophilia and sexual activity in a public lavatory.[50]
Scotland
In Scotland, there are offences of rape, sexual assault by penetration, sexual assault, sexual coercion, coercing a person into being present during a sexual activity, coercing a person into looking at a sexual image, communicating indecently, sexual exposure, voyeurism, and administering a substance for sexual purposes,[51] and there is a sexual offence of unlawful detention.[52] There are offences of incest and intercourse with step-child.[53] There is a sexual offence of procuring.[54] There are a number of sexual offences against young children,[55] and against older children.[56] There is a sexual offence of meeting a child,[57] and there are a number of offences of sexual abuse of trust.[58] There are a number of offences relating to the sexual services of children and child pornography,[59] and there are a number of offences relating to indecent photographs of children.[60] There are a number of offences relating to the prostitution or seduction of, and premises used for intercourse by, girls under 16.[61] There are offences of trading in prostitution and brothel-keeping, allowing children to be in brothels, and living on earnings of another from male prostitution.[62] There are a number of offences of soliciting, importuning or loitering for the purpose of prostitution.[63] There is an offence of extreme pornography.[64]
There is statutory provision in relation to procedure and evidence on trials for sexual offences,[65] and pardons and disregards for sodomy offences.[66]
See also
- Age of consent reform in the United Kingdom
- Crime in the United Kingdom
- Law of the United Kingdom
- Rape statistics
References
- 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.
- David Ormerod and Karl Laird. Smith and Hogan's Criminal Law. Fourteenth Edition. Oxford University Press. 2015. Chapter 18. Page 817 et seq.
- "Sexual Offences". Halsbury's Laws of England. Fifth Edition. LexisNexis. 2008. Volume 25. Volume 26. Page 174 et seq.
- James Chalmers. The New Law of Sexual Offences in Scotland. (Gordon's Criminal Law, supplement 1 to vol 2). W Green. 2010.
- Andrew M Cubie. "Sexual Offences". Scots Criminal Law. Fourth Edition. Bloomsbury Professional. 2016. Chapter 11. Page 175 et seq.
- Gerald H Gordon. "Sexual Offences". The Criminal Law of Scotland. Second Edition. 1978. Part 5. Chapters 33 to 36.
- Stair Memorial Encyclopedia.
- ^ "Sexual Offences Act 2003 c. 42 Part 1 Section 1". The National Archives. 2003. Retrieved 20 November 2015.
- ^ "Sexual Offences (Scotland) Act 2009 Section 1". The National Archives. 2009. Retrieved 20 November 2015.
- ^ "The Sexual Offences (Northern Ireland) Order 2008 No. 1769 (N.I. 2) PART 2". The National Archives. 2008. Retrieved 20 November 2015.
- ^ "Rape and Sexual Offences - Chapter 7: Key Legislation and Offences". Crown Prosecution Service.
- ^ "Blog: is the law on rape sexist?". blmsolicitors.co.uk. Bastian Lloyd Morris LLP solicitor advocates. 9 March 2014. Retrieved 20 November 2015.
- ISBN 9781847265753. Pdf.
- ^ Easton, Mark (9 July 2008). "Rape: a complex crime". London: BBC. Retrieved 20 November 2015.
- ^ The Sexual Offences Act 2003, ss 1 to 4
- ^ The Sexual Offences Act 2003, ss 5 to 8
- ^ The Sexual Offences Act 2003, ss 9 to 15A
- ^ The Sexual Offences Act 2003, ss 25 and 26
- ^ The Sexual Offences Act 2003, ss 16 to 19
- ^ The Sexual Offences Act 2003, ss 30 to 33
- ^ The Sexual Offences Act 2003, ss 34 to 37
- ^ The Sexual Offences Act 2003, ss 38 to 41
- ^ The Sexual Offences Act 2003, s 47
- ^ The Sexual Offences Act 2003, ss 48 to 50
- ^ The Protection of Children Act 1978, s 1; the Criminal Justice Act 1988, s 160
- ^ The Criminal Justice and Immigration Act 2008, s 63
- ^ The Street Offences Act 1959, s 1; the Sexual Offences Act 2003, s 51A
- ^ The Sexual Offences Act 2003, ss 52 and 53
- ^ The Sexual Offences Act 2003, s 53A
- ^ The Sexual Offences Act 1956, ss 33 to 36
- ^ The Sexual Offences Act 2003, ss 57 to 59
- ^ The Sexual Offences Act 2003, ss 61 to 63
- ^ The Sexual Offences Act 2003, ss 64 and 65
- ^ The Sexual Offences Act 2003, ss 66, 67 and 69 to 71
- ^ The Sexual Offences Act 2003, ss 80 to 92
- ^ The Sexual Offences Act 2003, ss 97 to 103, 103A to 103K and 122A to 122K
- ^ The Sexual Offences Act 2003, s 96B
- ^ The Sexual Offences (Amendment) Act 1992
- ^ The Sexual Offences (Northern Ireland) Order 2008, arts 5 to 8
- ^ The Sexual Offences (Northern Ireland) Order 2008, arts 12 to 15
- ^ The Sexual Offences (Northern Ireland) Order 2008, arts 16 to 22A
- ^ The Sexual Offences (Northern Ireland) Order 2008, arts 32 and 33
- ^ The Sexual Offences (Northern Ireland) Order 2008, arts 23 to 26
- ^ The Sexual Offences (Northern Ireland) Order 2008, art 37
- ^ The Sexual Offences (Northern Ireland) Order 2008, arts 38 to 40
- ^ The Protection of Children (Northern Ireland) Order 1978, art 3; the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988, art 15
- ^ The Sexual Offences (Northern Ireland) Order 2008, arts 43 to 46
- ^ The Sexual Offences (Northern Ireland) Order 2008, arts 47 to 50
- ^ The Sexual Offences (Northern Ireland) Order 2008, arts 51 to 54
- ^ The Criminal Justice and Immigration Act 2008, s 63
- ^ The Sexual Offences (Northern Ireland) Order 2008, arts 59 to 61
- ^ The Sexual Offences (Northern Ireland) Order 2008, arts 62 and 63
- ^ The Sexual Offences (Northern Ireland) Order 2008, art 64
- ^ The Sexual Offences (Northern Ireland) Order 2008, art 64A
- ^ The Sexual Offences (Northern Ireland) Order 2008, arts 65 and 67
- ^ The Sexual Offences (Northern Ireland) Order 2008, arts 68 and 69
- ^ The Sexual Offences (Northern Ireland) Order 2008, arts 70, 71 and 73 to 75
- ^ The Sexual Offences (Scotland) Act 2009, ss 1 to 9 and 11
- ^ The Criminal Law (Consolidation) (Scotland) Act 1995, s 8(3)
- ^ The Criminal Law (Consolidation) (Scotland) Act 1995, ss 1 and 2
- ^ The Criminal Law (Consolidation) (Scotland) Act 1995, s 7
- ^ The Sexual Offences (Scotland) Act 2009, ss 18 to 26
- ^ The Sexual Offences (Scotland) Act 2009, ss 28 to 37
- ^ The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, s 1
- ^ The Sexual Offences (Scotland) Act 2009, ss 42 and 46
- ^ The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, ss 9 to 12
- ^ The Civic Government (Scotland) Act 1982, ss 52 and 52A
- ^ The Criminal Law (Consolidation) (Scotland) Act 1995, ss 9 and 10
- ^ The Criminal Law (Consolidation) (Scotland) Act 1995, ss 11 to 13
- ^ The Civic Government (Scotland) Act 1982, s 46; the Prostitution (Public Places) (Scotland) Act 2007, s 1
- ^ The Civic Government (Scotland) Act 1982, s 51A
- ^ The Sexual Offences (Procedure and Evidence) (Scotland) Act 2002
- ^ The Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018