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Sexual Offences Bill [HL]


Sexual Offences Bill [HL]
Part 1 — Sexual Offences

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           (a)           it is proved that the defendant was in a position of trust in relation to

the other person by virtue of circumstances within section 23(2), (3), (4)

or (5), and

           (b)           it is not proved that he was in such a position of trust by virtue of other

circumstances,

5

            it is to be taken that the defendant knew or could reasonably have been

expected to know of the circumstances by virtue of which he was in such a

position of trust unless sufficient evidence is adduced to raise an issue as to

whether he knew or could reasonably have been expected to know of those

circumstances.

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     (5)    A person guilty of an offence under this section is liable—

           (a)           on summary conviction, to imprisonment for a term not exceeding 6

months or a fine not exceeding the statutory maximum or both;

           (b)           on conviction on indictment, to imprisonment for a term not exceeding

5 years.

15

 19    Abuse of position of trust: causing or inciting a child to engage in sexual

activity

     (1)    A person aged 18 or over (A) commits an offence if—

           (a)           he intentionally causes or incites another person (B) to engage in an

activity,

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           (b)           the activity is sexual,

           (c)           A is in a position of trust in relation to B,

           (d)                         where subsection (2) applies, A knows or could reasonably be expected

to know of the circumstances by virtue of which he is in a position of

trust in relation to B, and

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           (e)                         either—

                  (i)                 B is under 18 and A does not reasonably believe that B is 18 or

over, or

                  (ii)                B is under 13.

     (2)           This subsection applies where A—

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           (a)           is in a position of trust in relation to B by virtue of circumstances within

section 23(2), (3), (4) or (5), and

           (b)           is not in such a position of trust by virtue of other circumstances.

     (3)           Where in proceedings for an offence under this section it is proved that the

other person was under 18, the defendant is to be taken not to have reasonably

35

believed that that person was 18 or over unless sufficient evidence is adduced

to raise an issue as to whether he reasonably believed it.

     (4)           Where in proceedings for an offence under this section—

           (a)           it is proved that the defendant was in a position of trust in relation to

the other person by virtue of circumstances within section 23(2), (3), (4)

40

or (5), and

           (b)           it is not proved that he was in such a position of trust by virtue of other

circumstances,

            it is to be taken that the defendant knew or could reasonably have been

expected to know of the circumstances by virtue of which he was in such a

45

position of trust unless sufficient evidence is adduced to raise an issue as to

whether he knew or could reasonably have been expected to know of those

circumstances.

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    9

 

     (5)    A person guilty of an offence under this section is liable—

           (a)           on summary conviction, to imprisonment for a term not exceeding 6

months or a fine not exceeding the statutory maximum or both;

           (b)           on conviction on indictment, to imprisonment for a term not exceeding

5 years.

5

 20    Abuse of position of trust: sexual activity in the presence of a child

     (1)    A person aged 18 or over (A) commits an offence if—

           (a)           he intentionally engages in an activity,

           (b)           the activity is sexual,

           (c)           for the purpose of obtaining sexual gratification, he engages in it in the

10

presence of another person (B), knowing or believing that B is aware, or

intending that B should be aware, that he is engaging in it,

           (d)           A is in a position of trust in relation to B,

           (e)                         where subsection (2) applies, A knows or could reasonably be expected

to know of the circumstances by virtue of which he is in a position of

15

trust in relation to B, and

           (f)                         either—

                  (i)                 B is under 18 and A does not reasonably believe that B is 18 or

over, or

                  (ii)                B is under 13.

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     (2)           This subsection applies where A—

           (a)           is in a position of trust in relation to B by virtue of circumstances within

section 23(2), (3), (4) or (5), and

           (b)           is not in such a position of trust by virtue of other circumstances.

     (3)           Where in proceedings for an offence under this section it is proved that the

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other person was under 18, the defendant is to be taken not to have reasonably

believed that that person was 18 or over unless sufficient evidence is adduced

to raise an issue as to whether he reasonably believed it.

     (4)           Where in proceedings for an offence under this section—

           (a)           it is proved that the defendant was in a position of trust in relation to

30

the other person by virtue of circumstances within section 23(2), (3), (4)

or (5), and

           (b)           it is not proved that he was in such a position of trust by virtue of other

circumstances,

            it is to be taken that the defendant knew or could reasonably have been

35

expected to know of the circumstances by virtue of which he was in such a

position of trust unless sufficient evidence is adduced to raise an issue as to

whether he knew or could reasonably have been expected to know of those

circumstances.

     (5)    A person guilty of an offence under this section is liable—

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           (a)           on summary conviction, to imprisonment for a term not exceeding 6

months or a fine not exceeding the statutory maximum or both;

           (b)           on conviction on indictment, to imprisonment for a term not exceeding

5 years.

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    10

 

 21    Abuse of position of trust: causing a child to watch a sexual act

     (1)    A person aged 18 or over (A) commits an offence if—

           (a)           for the purpose of obtaining sexual gratification, he intentionally causes

another person (B) to watch a third person engaging in an activity, or to

look at a photograph or pseudo-photograph of any person engaging in

5

an activity,

           (b)           the activity is sexual,

           (c)           A is in a position of trust in relation to B,

           (d)                         where subsection (2) applies, A knows or could reasonably be expected

to know of the circumstances by virtue of which he is in a position of

10

trust in relation to B, and

           (e)                         either—

                  (i)                 B is under 18 and A does not reasonably believe that B is 18 or

over, or

                  (ii)                B is under 13.

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     (2)           This subsection applies where A—

           (a)           is in a position of trust in relation to B by virtue of circumstances within

section 23(2), (3), (4) or (5), and

           (b)           is not in such a position of trust by virtue of other circumstances.

     (3)           Where in proceedings for an offence under this section it is proved that the

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other person was under 18, the defendant is to be taken not to have reasonably

believed that that person was 18 or over unless sufficient evidence is adduced

to raise an issue as to whether he reasonably believed it.

     (4)           Where in proceedings for an offence under this section—

           (a)           it is proved that the defendant was in a position of trust in relation to

25

the other person by virtue of circumstances within section 23(2), (3), (4)

or (5), and

           (b)           it is not proved that he was in such a position of trust by virtue of other

circumstances,

            it is to be taken that the defendant knew or could reasonably have been

30

expected to know of the circumstances by virtue of which he was in such a

position of trust unless sufficient evidence is adduced to raise an issue as to

whether he knew or could reasonably have been expected to know of those

circumstances.

     (5)    A person guilty of an offence under this section is liable—

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           (a)           on summary conviction, to imprisonment for a term not exceeding 6

months or a fine not exceeding the statutory maximum or both;

           (b)           on conviction on indictment, to imprisonment for a term not exceeding

5 years.

 22    Abuse of position of trust: acts done in Scotland

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Anything which, if done in England and Wales or Northern Ireland, would

constitute an offence under any of sections 18 to 21 also constitutes that offence

if done in Scotland.

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    11

 

 23    Positions of trust

     (1)    For the purposes of sections 18 to 21, a person (A) is in a position of trust in

relation to another person (B) if—

           (a)           any of subsections (2) to (8) applies, or

           (b)           any condition specified in an order made by the Secretary of State is

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met.

     (2)    This subsection applies if A looks after persons under 18 who are detained in

an institution by virtue of a court order or under an enactment, and B is so

detained in that institution.

     (3)    This subsection applies if A looks after persons under 18 who are resident in a

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home or other place in which—

           (a)           accommodation and maintenance are provided by an authority under

section 23(2) of the Children Act 1989 (c. 41) or Article 27(2) of the

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)), or

           (b)           accommodation is provided by a voluntary organisation under section

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59(1) of that Act or Article 75(1) of that Order,

                   and B is resident, and is so provided with accommodation and maintenance or

accommodation, in that place.

     (4)    This subsection applies if A looks after persons under 18 who are

accommodated and cared for in one of the following institutions—

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           (a)           a hospital,

           (b)           an independent clinic,

           (c)           a care home, residential care home or private hospital,

           (d)           a community home, voluntary home or children’s home,

           (e)           a home provided under section 82(5) of the Children Act 1989, or

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           (f)           a residential family centre,

            and B is accommodated and cared for in that institution.

     (5)    This subsection applies if A looks after persons under 18 who are receiving

education at an educational institution and B is receiving, and A is not

receiving, education at that institution.

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     (6)    This subsection applies if A is engaged in the provision of services under, or

pursuant to anything done under, section 114 of the Learning and Skills Act

2000 (c. 21) and, in that capacity, looks after B on an individual basis.

     (7)    This subsection applies if A is a personal adviser appointed for B under—

           (a)           section 23B(2) of, or paragraph 19C of Schedule 2 to, the Children Act

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1989, or

           (b)           Article 34A(10) or 34C(2) of the Children (Northern Ireland) Order

1995,

            and, in that capacity, looks after B on an individual basis.

     (8)    This subsection applies if—

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           (a)           B is subject to requirements imposed by or under an enactment on his

release from detention for a criminal offence, or is subject to

requirements imposed by a court order made in criminal proceedings,

and

           (b)           A looks after B on an individual basis in pursuance of the requirements.

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