Amendments proposed to the Sexual Offences Bill [Lords], As Amended - continued House of Commons

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Sections 17 to 20: Exemption for same sex relationships

   

Dr Evan Harris

NC9

*To move the following Clause:—

    '(1)   Conduct by a person (A) which would otherwise be an offence under any of sections 17 to 20 against another person (B) is not an offence under that section, if—

      (a) B is 16 or over, and

      (b) prior to the position of trust existing and the consent of the person or persons specified in subsection (2) below apply.

    (2)   The consents are—

      (a) subject to paragraphs (b) to (d) of this subsection, the consent of—

      (i) each parent (if any) of B who has parental responsibility for him; and

      (ii) each guardian (if any) of B;

      (b) where a residence order is in force with respect to B, the consent of the person or persons with whom he lives, or is to live, as a result of the order (in substitution for the consents mentioned in paragraph (a) of this subsection);

      (c) where a care order is in force with respect to B, the consent of the local authority designated in the order (in addition to the consents mentioned in paragraph (a) of this subsection);

      (d) where neither paragraph (b) or (c) of this subsection applies but a residence order was in force with respect to B immediately before he reached the age of sixteen, the consent of the person or persons with whom he lived, or was to live, as a result of the order (in substitution for the consents mentioned in paragraph (a) of this subsection).

    (3)   In this section "guardian", "parental responsibility", "residence order" and "care order" have the same meaning as in the Children Act 1989.'.


Sexual activity in a public place

   

Dr Evan Harris

NC10

*To move the following Clause:—

    '1.   A person is guilty of an offence if he intentionally engages in sexual activity in a public place or in a lavatory to which the public or a section of the public has or is permitted to have access, whether on payment or otherwise, which he knows or ought to have known was likely to cause harassment, distress, alarm or offence to any other person and which causes or has caused harassment, distress, alarm or offence to any other person.

    2.   It is a defence for the accused person to prove—

      (a) that he had no reason to believe that there was any person within sight or hearing who was likely to be caused harassment, distress, alarm or offence; and

      (b) that his conduct was reasonable.

    3.   A constable may arrest a person without warrant if—

      (a) he engages in sexual activity which the constable warns him to stop; and

      (b) he engages in further sexual activity immediately or shortly after the warning.

    4.   A person guilty of an offence under this section is liable on summary conviction to imprisonment not exceeding six months or a fine not exceeding level 3 of the standard scale or both.

    5.   In this section "sexual" is as defined in section 79.'.


   

Annette Brooke
Sandra Gidley
Mr Mark Oaten

187

*Page     3,     line     15     [Clause     4],     at end insert—

      '(c) a person aged below 18 years at the time of the offence shall be assessed by a multi-disciplinary team and be eligible for treatment, even if he does not subsequently become subject to notification requirements.'.


   

Mr Secretary Blunkett

1

Page     4,     line     7     [Clause     8],     leave out from 'section,' to 'if' in line 11.

   

Mr Secretary Blunkett

2

Page     4,     line     16     [Clause     8],     at end insert ',

       is liable, on conviction on indictment, to imprisonment for life.

    ( )   Unless subsection (2) applies, 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 to a fine not exceeding the statutory maximum or both;

      (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.'.

   

Mr Secretary Blunkett

3

Page     4,     line     26     [Clause     9],     after 'section', insert ', if the touching involved—

      (a) penetration of B's anus or vagina with a part of A's body or anything else,

      (b) penetration of B's mouth with A's penis,

      (c) penetration of A's anus or vagina with a part of B's body, or

      (d) penetration of A's mouth with B's penis,'.

   

Mr Secretary Blunkett

4

Page     4,     line     27     [Clause     9],     at end insert—

    '( )   Unless subsection (2) applies, 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 to a fine not exceeding the statutory maximum or both;

      (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.'.

   

Mr Secretary Blunkett

5

Page     4,     line     37     [Clause     10],     after 'section', insert ', 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

      (d) penetration of a person's mouth with B's penis,'.

   

Mr Secretary Blunkett

6

Page     4,     line     38     [Clause     10],     at end insert—

    '( )   Unless subsection (2) applies, 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 to a fine not exceeding the statutory maximum or both;

      (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.'.


   

Annette Brooke
Sandra Gidley
Mr Mark Oaten
Dr Evan Harris

116

Page     5,     line     34     [Clause     13],     leave out '9' and insert '10'.

   

Mr Dominic Grieve
Mr Humfrey Malins
Mr Oliver Letwin
Mr John Randall

144

*Page     5,     line     34     [Clause     13],     leave out '9 to' and insert '11 and'.

   

Annette Brooke
Sandra Gidley
Mr Mark Oaten
Dr Evan Harris

117

Page     5,     line     34     [Clause     13],     at end insert—

    '( )   A person under 18 (A) commits an offence if—

      (a) he intentionally touches another person B,

      (b) the touching is sexual,

      (c) B is under 13 or B is over 13 but does not consent to the activity and A does not reasonably believe that B consents.'.

   

Mr Dominic Grieve
Mr Humfrey Malins
Mr Oliver Letwin
Mr John Randall

145

*Page     5,     line     34     [Clause     13],     at end insert—

    '(1A)   A person under 18 commits an offence if he does anything which would be an offence under sections 9 and 10 if he were aged 18 save that conduct by a person (A) with another person (B) which would otherwise be an offence under this section shall not be an offence if:

      (a) B is aged between 13 and 16 and A is no more than 2 years older than B,

      (b) B has the capacity to consent to that conduct,

      (c) B does consent to that conduct,

      (d) The conduct does not involve penentration,

    (1B)   B will be regarded as having the capacity to consent to conduct by A only if B is capable of understanding the nature and implications and reasonably foreseeable consequences of such conduct.'.

   

Lynne Jones

192

*Page     5,     line     34     [Clause     13],     at end insert—

    '( )   A person under the age of 18 does not commit an offence if the sexual activity is consensual and with someone of similar age and is initiated by the participating parties. Exempted sexual activity does not include penetration of the vagina, of the anus or of the mouth by a penis.'.

   

Mr Hilton Dawson

193

*Page     5,     line     39     [Clause     13],     at end insert—

    '(3)   In respect of consensual sexual activity any decision about prosecution would be based upon consideration of the best interests of any child involved.'.

   

Mr Hilton Dawson

196

*Page     5,     line     39     [Clause     13],     at end insert—

    '(3)   Any decision about prosecution would be based upon consideration of the best interests of any child involved.'.


   

Mr Secretary Blunkett

7

Page     6,     line     26,     leave out Clause 15.


   

Mr Secretary Blunkett

8

Page     7,     line     23     [Clause     16],     leave out '7' and insert '10'.


   

Mr Secretary Blunkett

82

Page     11,     line     4     [Clause     22],     leave out 'subsections (2) to (8)' and insert 'the following subsections'.

   

Mr Secretary Blunkett

118

Page     11,     line     34     [Clause     22],     leave out from 'under' to end of line 35 and insert '—

      (a) sections 8 to 10 of the Employment and Training Act 1973 (c.50), or

      (b) section 114 of the Learning and Skills Act 2000 (c.21)

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

    ( )   This subsection applies if A regularly has unsupervised contact with B (whether face to face or by any other means)—

      (a) in the exercise of functions of a local authority under section 20 or 21 of the Children Act 1989 (c.41), or

      (b) in the exercise of functions of an authority under Article 21 or 23 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).'.

 
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Prepared 30 Oct 2003