Session 2014 - 15
Internet Publications
Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Monday 5 January 2015

 

Public Bill Committee


 

Serious Crime Bill [Lords]


 

Ann Coffey

 

NC1

 

To move the following Clause

 

         

“Child Sexual Exploitation

 

(1)    

The Sexual Offences Act 1956 is amended as follows.

 

(2)    

In section 28 (Causing or encouraging prostitution of, intercourse with, or

 

indecent assault on, girls under sixteen)—

 

(a)    

in the title of the section, for “prostitution” substitute “the sexual

 

exploitation”;

 

(b)    

in subsection (1), for “prostitution” substitute “sexual exploitation”; and

 

(c)    

in subsection (2), for “become a prostitute” substitute “been sexually

 

exploited”.

 

(3)    

In section 29 (Causing or encouraging prostitution of defective), in subsection

 

(1), after “woman”, insert “, aged 18 or over,”.

 

(4)    

In section 1(1) of the Street Offence Offences Act 1959 (Loitering or soliciting

 

for purposes of prostitution), after “female)”, insert “, aged 18 or over,”.

 

(5)    

The Sexual Offences Act 2003 is amended as follows.

 

(6)    

In section 48 (Causing or inciting child prostitution or pornography)—

 

(a)    

in the title of the section, for “prostitution” substitute “sexual

 

exploitation”; and

 

(b)    

in subsection (1)(a), for “become a prostitute” substitute “be sexually

 

exploited”.

 

(7)    

In section 49 (Controlling a child prostitute or a child involved in pornography)—

 

(a)    

in the title of the section, for “prostitute” substitute “sexually exploited

 

child”; and

 

(b)    

in subsection (1)(a), for “prostitution” substitute “sexual exploitation”.

 

(8)    

In section 50 (Arranging or facilitating child prostitution or pornography)—

 

(a)    

in the title of the section, for “child prostitution or pornography”

 

substitute “the sexual exploitation of a child or child pornography”; and


 
 

Notices of Amendments:                               

2

 

, continued

 
 

(b)    

in subsection (1)(a), for “prostitution” substitute “sexual exploitation”.

 

(9)    

In section 51 (Sections 48 to 50: interpretation), in subsection (2), for “prostitute”

 

substitute “sexual exploitation”; for “prostitution” substitute “sexually

 

exploited”.

 

(10)    

All reference in other legislation to the above sections and titles should be treated

 

as referring to the amended titles above.”

 

Ann Coffey

 

Schedule  4,  page  112,  line  1,  at end insert—

 

“( )    

In section 5 of the Sexual Offences Act 2003 (Rape of a child under 13), after

 

subsection (2) insert—

 

“(3)    

For the purposes of this Act, the consent of a child under the age of 13 is

 

irrelevant.

 

(4)    

The common law of “ostensible consent” in relation to sexual offences is

 

hereby abolished.

 

(5)    

For the purposes of sentencing an offender in connection with offences

 

under this Act in relation to a child, a court shall presume the consent of

 

child to be absent.””

 

Ann Coffey

 

NC2

 

To move the following Clause

 

         

“Child Sexual Exploitation: Consent

 

(1)    

The Sexual Offences Act 2003 is amended as follows.

 

(2)    

In section 9 (Sexual activity with a child), after subsection (3), insert—

 

“(4)    

A Court shall presume that a defendant, A, does not believe that B is aged

 

16 or over if there is evidence to suggest that B is a victim of child sexual

 

exploitation in which A is involved; unless A adduces evidence which

 

raises an issue as to his reasonable belief in whether B was aged 16 or

 

over at the time or immediately before the offence.

 

(5)    

Child sexual exploitation is any scheme or offence which is calculated or

 

designed to create a position whereby B can be exploited so that B is or

 

might be the subject of a sexual offence.”

 

(3)    

In section 75 (Evidential presumptions about consent), afer subsection (2)(f),

 

insert—

 

“(g)    

the complainant was a victim of child sexual exploitation: or

 

(h)    

the defendant can be shown to have been directly involved in

 

child sexual exploitation.

 

( )    

In this section, “child sexual exploitation” means any scheme of offence

 

as defined by section 9(5).””

 


 
contents
 

© Parliamentary copyright
Revised 6 January 2015