Sexual Offences Act 2003 - legislation

1 Sexual Offences Act 2003 CHAPTER 42 CONTENTSPART 1 Sexual OFFENCESRape1 RapeAssault2 Assault by penetration3 Sexual assaultCausing Sexual activity without consent4 Causing a person to engage in Sexual activity without consentRape and other Offences against children under 135 Rape of a child under 136 Assault of a child under 13 by penetration7 Sexual assault of a child under 138 Causing or inciting a child under 13 to engage in Sexual activityChild sex offences9 Sexual activity with a child10 Causing or inciting a child to engage in Sexual activity11 Engaging in Sexual activity in the presence of a child12 Causing a child to watch a Sexual act13 Child sex Offences committed by children or young persons14 Arranging or facilitating commission of a child sex offence15 Meeting a child following Sexual grooming Offences Act 2003 (c. 42)iiAbuse of position of trust16 Abuse of position of trust: Sexual activity with a child17 Abuse of position of trust: causing or inciting a child to engage in sexualactivity18 Abuse of position of trust: Sexual activity in the presence of a child19 Abuse of position of trust: causing a child to watch a Sexual act20 Abuse of position of trust: acts done in Scotland21 Positions of trust22 Positions of trust: interpretation23 Sections 16 to 19: marriage exception24 Sections 16 to 19: Sexual relationships which pre-date position of trustFamilial child sex offences25 Sexual activity with a child family member26 Inciting a child family member to engage in Sexual activity27 Family relationships28 Sections 25 and 26: marriage exception29 Sections 25 and 26.

2 Sexual relationships which pre-date family relationshipsOffences against persons with a mental disorder impeding choice30 Sexual activity with a person with a mental disorder impeding choice31 Causing or inciting a person, with a mental disorder impeding choice, toengage in Sexual activity32 Engaging in Sexual activity in the presence of a person with a mental disorderimpeding choice33 Causing a person, with a mental disorder impeding choice, to watch a sexualactInducements etc. to persons with a mental disorder34 Inducement, threat or deception to procure Sexual activity with a person witha mental disorder35 Causing a person with a mental disorder to engage in or agree to engage insexual activity by inducement, threat or deception36 Engaging in Sexual activity in the presence, procured by inducement, threator deception, of a person with a mental disorder37 Causing a person with a mental disorder to watch a Sexual act by inducement,threat or deceptionCare workers for persons with a mental disorder38 Care workers: Sexual activity with a person with a mental disorder39 Care workers: causing or inciting Sexual activity40 Care workers: Sexual activity in the presence of a person with a mentaldisorder41 Care workers: causing a person with a mental disorder to watch a Sexual act42 Care workers: interpretation43 Sections 38 to 41.

3 Marriage exception44 Sections 38 to 41: Sexual relationships which pre-date care relationshipsSexual Offences Act 2003 (c. 42)iiiIndecent photographs of children45 Indecent photographs of persons aged 16 or 1746 Criminal proceedings, investigations of children through prostitution and pornography47 Paying for Sexual services of a child48 Causing or inciting child prostitution or pornography49 Controlling a child prostitute or a child involved in pornography50 Arranging or facilitating child prostitution or pornography51 Sections 48 to 50: interpretationExploitation of prostitution52 Causing or inciting prostitution for gain53 Controlling prostitution for gain54 Sections 52 and 53: interpretationAmendments relating to prostitution55 Penalties for keeping a brothel used for prostitution56 Extension of gender-specific prostitution offencesTrafficking57 Trafficking into the UK for Sexual exploitation58 Trafficking within the UK for Sexual exploitation59 Trafficking out of the UK for Sexual exploitation60 Sections 57 to 59: interpretation and jurisdictionPreparatory offences61 Administering a substance with intent62 Committing an offence with intent to commit a Sexual offence63 Trespass with intent to commit a Sexual offenceSex with an adult relative64 Sex with an adult relative: penetration65 Sex with an adult relative: consenting to penetrationOther offences66 Exposure67 Voyeurism68 Voyeurism.

4 Interpretation69 Intercourse with an animal70 Sexual penetration of a corpse71 Sexual activity in a public lavatoryOffences outside the United Kingdom72 Offences outside the United KingdomSexual Offences Act 2003 (c. 42)ivSupplementary and general73 Exceptions to aiding, abetting and counselling74 Consent 75 Evidential presumptions about consent76 Conclusive presumptions about consent77 Sections 75 and 76: relevant acts78 Sexual 79 Part 1: general interpretationPART 2 NOTIFICATION AND ORDERSN otification requirements80 Persons becoming subject to notification requirements81 Persons formerly subject to Part 1 of the Sex Offenders Act 199782 The notification period83 Notification requirements: initial notification84 Notification requirements: changes85 Notification requirements: periodic notification86 Notification requirements: travel outside the United Kingdom87 Method of notification and related matters88 Section 87: interpretation89 Young offenders: parental directions90 Parental directions.

5 Variations, renewals and discharges91 Offences relating to notification92 Certificates for purposes of Part 293 Abolished homosexual offencesInformation for verification94 Part 2: supply of information to Secretary of State etc. for verification95 Part 2: supply of information by Secretary of State about release or transfer96 Information about release or transferNotification orders97 Notification orders: applications and grounds98 Notification orders: effect99 Sections 97 and 98: relevant offences100 Interim notification orders101 Notification orders and interim notification orders: appeals102 Appeals in relation to notification orders and interim notification orders:Scotland103 Sections 97 to 100: ScotlandSexual Offences prevention orders104 Sexual Offences prevention orders: applications and grounds105 SOPOs: further provision as respects ScotlandSexual Offences Act 2003 (c. 42)v106 Section 104: supplemental107 SOPOs: effect108 SOPOs: variations, renewals and discharges109 Interim SOPOs110 SOPOs and interim SOPOs: appeals111 Appeals in relation to SOPOs and interim SOPOs: Scotland112 Sections 104 and 106 to 109: Scotland113 Offence: breach of SOPO or interim SOPOF oreign travel orders114 Foreign travel orders: applications and grounds115 Section 114: interpretation116 Section 114: qualifying offenders117 Foreign travel orders: effect118 Foreign travel orders: variations, renewals and discharges119 Foreign travel orders: appeals120 Appeals in relation to foreign travel orders: Scotland121 Sections 114 to 118: Scotland122 Offence: breach of foreign travel orderRisk of Sexual harm orders123 Risk of Sexual harm orders: applications, grounds and effect124 Section 123: interpretation125 RSHOs: variations, renewals and discharges126 Interim RSHOs127 RSHOs and interim RSHOs.

6 Appeals128 Offence: breach of RSHO or interim RSHO129 Effect of conviction etc. of an offence under section 128 Power to amend Schedules 3 and 5130 Power to amend Schedules 3 and 5 General131 Young offenders: application132 Offences with thresholds133 Part 2: general interpretation134 Conditional discharges and probation orders135 Interpretation: mentally disordered offenders136 Part 2: Northern IrelandPART 3 GENERAL137 Service courts138 Orders and regulations139 Minor and consequential amendments140 Repeals and revocations141 Commencement142 Extent, saving Offences Act 2003 (c. 42)vi143 Short titleSchedule 1 Extension of gender-specific prostitution offencesSchedule 2 Sexual Offences to which section 72 appliesSchedule 3 Sexual Offences for purposes of Part 2 Schedule 4 Procedure for ending notification requirements for abolishedhomosexual offencesSchedule 5 Other Offences for purposes of Part 2 Schedule 6 Minor and consequential amendmentsSchedule 7 Repeals and revocationsELIZABETH IIc.

7 42 Sexual Offences Act 20032003 CHAPTER 42An Act to make new provision about Sexual Offences , their prevention and theprotection of children from harm from other Sexual acts, and for connectedpurposes.[20th November 2003]E IT ENACTED by the Queen s most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this presentParliament assembled, and by the authority of the same, as follows: PART 1 Sexual OFFENCESRape1 Rape(1)A person (A) commits an offence if (a)he intentionally penetrates the vagina, anus or mouth of another person(B) with his penis,(b)B does not consent to the penetration, and(c)A does not reasonably believe that B consents.(2)Whether a belief is reasonable is to be determined having regard to all thecircumstances, including any steps A has taken to ascertain whether Bconsents.(3)Sections 75 and 76 apply to an offence under this section.

8 (4)A person guilty of an offence under this section is liable, on conviction onindictment, to imprisonment for Offences Act 2003 (c. 42)Part 1 Sexual Offences2 Assault2 Assault by penetration(1)A person (A) commits an offence if (a)he intentionally penetrates the vagina or anus of another person (B)with a part of his body or anything else,(b)the penetration is Sexual ,(c)B does not consent to the penetration, and(d)A does not reasonably believe that B consents.(2)Whether a belief is reasonable is to be determined having regard to all thecircumstances, including any steps A has taken to ascertain whether Bconsents.(3)Sections 75 and 76 apply to an offence under this section.(4)A person guilty of an offence under this section is liable, on conviction onindictment, to imprisonment for assault(1)A person (A) commits an offence if (a)he intentionally touches another person (B),(b)the touching is Sexual ,(c)B does not consent to the touching, and(d)A does not reasonably believe that B consents.

9 (2)Whether a belief is reasonable is to be determined having regard to all thecircumstances, including any steps A has taken to ascertain whether Bconsents.(3)Sections 75 and 76 apply to an offence under this section.(4)A person guilty of an offence under this section is liable (a)on summary conviction, to imprisonment for a term not exceeding 6months or a fine not exceeding the statutory maximum or both;(b)on conviction on indictment, to imprisonment for a term not exceeding10 Sexual activity without consent4 Causing a person to engage in Sexual activity without consent(1)A person (A) commits an offence if (a)he intentionally causes another person (B) to engage in an activity ,(b)the activity is Sexual ,(c)B does not consent to engaging in the activity , and(d)A does not reasonably believe that B consents.(2)Whether a belief is reasonable is to be determined having regard to all thecircumstances, including any steps A has taken to ascertain whether Offences Act 2003 (c.)

10 42)Part 1 Sexual Offences3(3)Sections 75 and 76 apply to an offence under this section.(4)A person guilty of an offence under this section, if the activity causedinvolved (a)penetration of B s anus or vagina,(b)penetration of B s mouth with a person s penis,(c)penetration of a person s anus or vagina with a part of B s body or byB with anything else, or(d)penetration of a person s mouth with B s penis,is liable, on conviction on indictment, to imprisonment for life.(5)Unless subsection (4) applies, a person guilty of an offence under this sectionis liable (a)on summary conviction, to imprisonment for a term not exceeding 6months or to a fine not exceeding the statutory maximum or both;(b)on conviction on indictment, to imprisonment for a term not exceeding10 and other Offences against children under 135 Rape of a child under 13(1)A person commits an offence if (a)he intentionally penetrates the vagina, anus or mouth of another personwith his penis, and(b)the other person is under 13.