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Sexual Offences Bill [HL]


Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    1

 

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—

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           (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

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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.

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Bill 16453/2
 
 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    2

 

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,

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           (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

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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

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     (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.

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     (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—

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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

10 years.

Causing sexual activity without consent

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 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

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           (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.

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

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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,

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           (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

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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.

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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

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           (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—

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           (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

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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

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14 years.

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

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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

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           (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),

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           (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.

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     (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—

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Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    5

 

           (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

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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

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                  (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—

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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.

 14    Arranging or facilitating commission of a child sex offence

40

     (1)           A person commits an offence if—

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

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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

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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,

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           (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.

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     (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.

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 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,

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           (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.

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 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

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                  (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

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Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    7

 

           (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;

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           (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;

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           (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

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     (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

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                  (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.

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     (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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