Sexual Offences Act 2003 (UK)

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There is no statutory definition of consent under the 1956 Act and it is now commonly accepted that the approach outlined by section 74 Sexual Offences Act 2003 applies when directing the jury. The prohibited sexual behaviours in sections 16 - 19 are identical to those prohibited by sections 9 – 12 (i.e. sexual activity with a child; causing a child to engage in sexual activity; sexual activity in the presence of a child; and causing a child to watch a sexual act). Extreme pornography describes pornographic images that are grossly offensive, disgusting or obscene, and portray a range of extreme acts in an explicit and realistic way. This may include images of extreme violence, mutilation, or sexual activity with an animal that are intended to sexually arouse. We looked at a range of options including such a broad reform. This is an incredibly complex area. Whilst tempting to expand the definitions in such a broad manner, it was important to note that as the definition widens so does the erosion of the legal right of those over the age of 16 to consent to sexual activity. 4.3 Q: Why only those individuals who coach, teach, train, supervise or instruct in a sport or a religion? Did you consider expanding the further “positions of trust” to cover other specific situations?

The further positions of trust were drafted following a Ministry of Justice (MoJ) review which engaged with stakeholders across the youth and criminal justice sectors, including the police, the Crown Prosecution Service (CPS), sports bodies, victims’ groups, and religious organisations. September 1985 – The maximum sentence for s14 Indecent assault on a woman is increased to 10 years for any age.

Changes over time for: Section 4

In cases of sexual activity between siblings, care should be taken to balance the public interest in prosecuting such conduct with the interests and welfare of the victim and the family unit.

The defence that a person reasonably believed the child was over 18 does not apply if the child is under 13. nd July 1960 – The maximum sentence for indecent assault on a woman under section 12 increases from 2 years to 5 years if the victim is under 13 and her age is stated on the indictment. In deciding whether or not to prosecute offences contrary to Sections 5-13 SOA 2003, prosecutors should have careful regard to the factors below. The weight to be attached to a particular factor will vary depending on the circumstances of each case. However, when deciding whether it is the public interest to prosecute, prosecutors may exercise more discretion in relation to child sex offences where the complainant is aged 13 - 15 than for those offences where the child is under 13 years.The ways in which the parties are related are set out in section 64(2) and includes uncles, aunts and adoptive parents but not their spouses or partners. Prosecutors should consider the circumstances in which the relationship first arose and how long it has existed. In deciding whether an activity is sexual look first at the nature of the activity. If the activity is by its nature sexual (eg sexual intercourse, masturbation) then it is sexual for the purposes of the legislation. Where penetration takes place and the child is under 13 years the appropriate charge should be one of rape of a child under 13 contrary to section 5 Sexual Offences Act 2003 where the maximum sentence is life.