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A | |
Bill | |
[AS AMENDED IN STANDING COMMITTEE B] | |
To | |
Make new provision about sexual offences, their prevention and the | |
protection of children from harm from other sexual acts, and for connected | |
purposes. | |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and | |
consent of the Lords Spiritual and Temporal, and Commons, in this present | |
Parliament assembled, and by the authority of the same, as follows:— | |
Part 1 | |
Sexual Offences | |
Rape | |
1 Rape | |
(1) A person (A) commits an offence if— | 5 |
(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 the | 10 |
circumstances, including any steps A has taken to ascertain whether B | |
consents. | |
(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 on | |
indictment, to imprisonment for life. | 15 |
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Assault | |
2 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, | 5 |
(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 the | |
circumstances, including any steps A has taken to ascertain whether B | 10 |
consents. | |
(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 on | |
indictment, to imprisonment for life. | |
3 Sexual assault | 15 |
(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. | 20 |
(2) Whether a belief is reasonable is to be determined having regard to all the | |
circumstances, including any steps A has taken to ascertain whether B | |
consents. | |
(3) Sections 75 and 76 apply to an offence under this section. | |
(4) A person guilty of an offence under this section is liable— | 25 |
(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 | |
10 years. | |
Causing sexual activity without consent | 30 |
4 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 | 35 |
(d) A does not reasonably believe that B consents. | |
(2) Whether a belief is reasonable is to be determined having regard to all the | |
circumstances, including any steps A has taken to ascertain whether B | |
consents. | |
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(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 caused | |
involved— | |
(a) penetration of B’s anus or vagina, | |
(b) penetration of B’s mouth with a person’s penis, | 5 |
(c) penetration of a person’s anus or vagina with a part of B’s body or by | |
B 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 section | 10 |
is liable— | |
(a) on summary conviction, to imprisonment for a term not exceeding 6 | |
months or to a fine not exceeding the statutory maximum or both; | |
(b) on conviction on indictment, to imprisonment for a term not exceeding | |
10 years. | 15 |
Rape and other offences against children under 13 | |
5 Rape of a child under 13 | |
(1) A person commits an offence if— | |
(a) he intentionally penetrates the vagina, anus or mouth of another person | |
with his penis, and | 20 |
(b) the other person is under 13. | |
(2) A person guilty of an offence under this section is liable, on conviction on | |
indictment, to imprisonment for life. | |
6 Assault of a child under 13 by penetration | |
(1) A person commits an offence if— | 25 |
(a) he intentionally penetrates the vagina or anus of another person with a | |
part of his body or anything else, | |
(b) the penetration is sexual, and | |
(c) the other person is under 13. | |
(2) A person guilty of an offence under this section is liable, on conviction on | 30 |
indictment, to imprisonment for life. | |
7 Sexual assault of a child under 13 | |
(1) A person commits an offence if— | |
(a) he intentionally touches another person, | |
(b) the touching is sexual, and | 35 |
(c) the other person is under 13. | |
(2) 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 | 40 |
14 years. | |
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8 Causing or inciting a child under 13 to engage in sexual activity | |
(1) A person commits an offence if— | |
(a) he intentionally causes or incites another person (B) to engage in an | |
activity, | |
(b) the activity is sexual, and | 5 |
(c) B is under 13. | |
(2) A person guilty of an offence under this section is liable, on conviction on | |
indictment— | |
(a) where subsection (3) applies, to imprisonment for life; | |
(b) in any other case, to imprisonment for a term not exceeding 14 years. | 10 |
(3) This subsection applies if the activity caused or incited involved— | |
(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 by | |
B with anything else, or | 15 |
(d) penetration of a person’s mouth with B’s penis. | |
Child sex offences | |
9 Sexual activity with a child | |
(1) A person aged 18 or over (A) commits an offence if— | |
(a) he intentionally touches another person (B), | 20 |
(b) the touching is sexual, and | |
(c) either— | |
(i) B is under 16 and A does not reasonably believe that B is 16 or | |
over, or | |
(ii) B is under 13. | 25 |
(2) A person guilty of an offence under this section is liable, on conviction on | |
indictment, to imprisonment for a term not exceeding 14 years. | |
10 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 | 30 |
activity, | |
(b) the activity is sexual, and | |
(c) either— | |
(i) B is under 16 and A does not reasonably believe that B is 16 or | |
over, or | 35 |
(ii) B is under 13. | |
(2) A person guilty of an offence under this section is liable, on conviction on | |
indictment, to imprisonment for a term not exceeding 14 years. | |
11 Engaging in sexual activity in the presence of a child | |
(1) A person aged 18 or over (A) commits an offence if— | 40 |
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(a) he intentionally engages in an activity, | |
(b) the activity is sexual, | |
(c) for the purpose of obtaining sexual gratification, he engages in it | |
(i) when another person (B) is present or is in a place from which | |
A can be observed, and | 5 |
(ii) knowing or believing that B is aware, or intending that B should | |
be aware, that he is engaging in it, and | |
(d) either— | |
(i) B is under 16 and A does not reasonably believe that B is 16 or | |
over, or | 10 |
(ii) B is under 13. | |
(2) 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 | 15 |
10 years. | |
12 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 | 20 |
look at an image of any person engaging in an activity, | |
(b) the activity is sexual, and | |
(c) either— | |
(i) B is under 16 and A does not reasonably believe that B is 16 or | |
over, or | 25 |
(ii) B is under 13. | |
(2) 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 | 30 |
10 years. | |
13 Child sex offences committed by children or young persons | |
(1) A person under 18 commits an offence if he does anything which would be an | |
offence under any of sections 9 to 12 if he were aged 18. | |
(2) A person guilty of an offence under this section is liable— | 35 |
(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. | |
14 Arranging or facilitating commission of a child sex offence | 40 |
(1) A person commits an offence if— | |
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(a) he intentionally arranges or facilitates something that he intends to do, | |
intends another person to do, or believes that another person will do, in | |
any part of the world, and | |
(b) doing it will involve the commission of an offence under any of sections | |
9 to 13. | 5 |
(2) A person does not commit an offence under this section if— | |
(a) he arranges or facilitates something that he believes another person will | |
do, but that he does not intend to do or intend another person to do, | |
and | |
(b) any offence within subsection (1)(b) would be an offence against a child | 10 |
for whose protection he acts. | |
(3) For the purposes of subsection (2), a person acts for the protection of a child if | |
he acts for the purpose of— | |
(a) protecting the child from sexually transmitted infection, | |
(b) protecting the physical safety of the child, | 15 |
(c) preventing the child from becoming pregnant, or | |
(d) promoting the child’s emotional well-being by the giving of advice, | |
and not for the purpose of obtaining sexual gratification or for the purpose of | |
causing or encouraging the activity constituting the offence within subsection | |
(1)(b) or the child’s participation in it. | 20 |
(4) 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 | |
14 years. | 25 |
15 Sections 9 to 14: marriage exception | |
(1) Conduct by a person (A) which would otherwise be an offence under any of | |
sections 9 to 13 against another person (B) is not an offence under that section | |
if— | |
(a) at the time, A and B are lawfully married, | 30 |
(b) no other person is taking part or otherwise involved, and | |
(c) the conduct does not involve an image of any other person engaging in | |
a sexual activity. | |
(2) In proceedings for an offence under any of sections 9 to 14 it is for the | |
defendant to prove that subsection (1) applied. | 35 |
16 Meeting a child following sexual grooming etc. | |
(1) A person aged 18 or over (A) commits an offence if— | |
(a) having met or communicated with another person (B) on at least two | |
earlier occasions, he— | |
(i) intentionally meets B, or | 40 |
(ii) travels with the intention of meeting B in any part of the world, | |
(b) at the time, he intends to do anything to or in respect of B, during or | |
after the meeting and in any part of the world, which if done will | |
involve the commission by A of a relevant offence, | |
(c) B is under 16, and | 45 |
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(d) A does not reasonably believe that B is 16 or over. | |
(2) In subsection (1)— | |
(a) the reference to A having met or communicated with B is a reference to | |
A having met B in any part of the world or having communicated with | |
B by any means from, to or in any part of the world; | 5 |
(b) “relevant offence” means— | |
(i) an offence under this Part, | |
(ii) an offence within any of paragraphs 61 to 92 of Schedule 3, or | |
(iii) anything done outside England and Wales and Northern | |
Ireland which is not an offence within sub-paragraph (i) or (ii) | 10 |
but would be an offence within sub-paragraph (i) if done in | |
England and Wales. | |
(3) In this section as it applies to Northern Ireland— | |
(a) subsection (1) has effect with the substitution of “17” for “16” in both | |
places; | 15 |
(b) subsection (2)(b)(iii) has effect with the substitution of “sub-paragraph | |
(ii) if done in Northern Ireland” for “sub-paragraph (i) if done in | |
England and Wales”. | |
(4) A person guilty of an offence under this section is liable— | |
(a) on summary conviction, to imprisonment for a term not exceeding 6 | 20 |
months or a fine not exceeding the statutory maximum or both; | |
(b) on conviction on indictment, to imprisonment for a term not exceeding | |
7 years. | |
Abuse of position of trust | |
17 Abuse of position of trust: sexual activity with a child | 25 |
(1) A person aged 18 or over (A) commits an offence if— | |
(a) he intentionally touches another person (B), | |
(b) the touching 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 | 30 |
to know of the circumstances by virtue of which he is in a position of | |
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 | 35 |
(ii) B is under 13. | |
(2) This subsection applies where A— | |
(a) is in a position of trust in relation to B by virtue of circumstances within | |
section 22(2), (3), (4) or (5), and | |
(b) is not in such a position of trust by virtue of other circumstances. | 40 |
(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 | |
believed that that person was 18 or over unless sufficient evidence is adduced | |
to raise an issue as to whether he reasonably believed it. | |
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