Sexual Offences Bill [HL]
AMENDMENTS
TO BE MOVED
IN COMMITTEE
| | THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY |
| Leave out Clause 1 and insert the following new Clause— |
| (1) | A person (A) commits an offence if he does an act of sexual violation by rape or by unlawful connection. |
| (2) | Sexual violation by rape is where A penetrates the vagina or anus of another person (B) with his penis— |
| (a) | without the consent of B, and |
| (b) | without a reasonably held belief that B consents to that penetration. |
| (3) | Sexual violation by unlawful connection is where A has sexual connection with another person B— |
| (a) | Without the consent of B, and |
| (b) | Without a reasonably held belief that B consents to that sexual connection. |
| (4) | "Sexual connection" means— |
| (a) | Connection occasioned by the penetration of the genitalia or the anus of any person by— |
| (i) | Any part of the body of any other person, or |
| (ii) | Any object held or manipulated by any other person, |
| | otherwise than for bona fide medical purposes, or |
| (b) | Connection between the genitalia of any person and any part of the mouth or tongue of any other person. |
| (5) | A person guilty of an offence under this section is liable, on conviction, to imprisonment for 7 years." |
| | THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY |
| Leave out Clause 2 and insert the following new Clause— |
| | "Aggravated sexual violation |
| (1) | A person (A) commits an offence of aggravated sexual violation if he does an act of sexual violation by rape or by sexual connection in aggravated circumstances, and A knows that those circumstances existed. |
| (2) | For the purpose of this section "aggravated circumstances" means where— |
| (a) | any person was, at the time of the relevant act, or immediately before it— |
| (i) | using violence against (B), or |
| (ii) | causing B to fear that immediate violence would be used against B, or against another person. |
| (b) | B was unconscious at the time of the relevant act for any reason, |
| (c) | B was unlawfully detained at the time of the relevant act, |
| (d) | B could not, because of disability, communicate consent to A, |
| (e) | B was deceived by A as to the nature or purpose of the relevant act, |
| (f) | B was induced to consent to the relevant act by the impersonation by A of a person known personally to the complainant; or |
| (3) | In subsection (2), the reference to the time immediately before the relevant act began is, in the case of an act which is one of a continuous series of acts, a reference to the time immediately before the first relevant act began. |
| (4) | A person guilty of an offence under this section is liable, on conviction, to imprisonment for life." |
| | THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY |
| Leave out Clause 3 and insert the following new Clause— |
| | "Sexual violation of a child under 13 |
| | For the purposes of sections 1 and 2— |
| (a) | a child under the age of 13 is incapable of giving consent; and |
| (b) | the knowledge or belief of A as to that child's age is irrelevant." |
| | THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 4 stand part of the Bill. |
| | THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY |
| Page 2, line 40, leave out paragraph (d), and insert— |
| "(d) | A does not reasonably believe that B consents." |
| Page 3, line 1, leave out subsection (2) |
| | THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY |
| Page 3, line 27, leave out paragraph (d), and insert— |
| "(d) | A does not reasonably believe that B consents". |
| Page 3, line 32, leave out subsection (2) |
| | THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY |
| Page 2, line 43, leave out "the other person" and insert "B" |
| Page 7, line 43, after first "he" insert "reasonably" |
| Page 7, line 44, leave out "unless it is proved that his belief was unreasonable" |
| Page 8, line 1, leave out "it is proved that" |
| Page 8, line 2, after "existed", insert "solely" |
| Page 8, line 3, after "know", insert "and had no reason to believe" |
| Page 8, line 4, leave out from "offence" to end of line 7 |
| | THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY |
| Page 8, line 21, after first "he", insert "reasonably" |
| Page 8, line 21, leave out "the other person" and insert "B" |
| Page 8, line 22, leave out "unless it is proved that his belief was unreasonable" |
| Page 8, line 23, leave out "it is proved that" |
| Page 8, line 24, after "existed", insert "solely" |
| Page 8, line 26, leave out from "offence" to end of line 29 |
| Page 8, line 27, after "know", insert "and had no reason to believe" |
| | THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY |
| Page 9, line 2, after first "he", insert "reasonably" |
| Page 9, line 2, leave out "the other person" and insert "B" |
| Page 9, line 3, leave out from "offence" to end of line 5 |
| Page 9, line 6, leave out "it is proved that" |
| Page 9, line 7, after "existed" insert "solely" |
| Page 9, line 8, after "know" insert "and had no reason to believe" |
| Page 9, line 9, leave out from "offence" to end of line 12 |
| | THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY |
| Page 9, line 28, after first "he" insert "reasonably" |
| Page 9, line 28, leave out "the other person" and insert "B" |
| Page 9, line 29, leave out from "offence" to end of line 31 |
| Page 9, line 32, leave out "it is proved that" |
| Page 9, line 33, after "existed" insert "solely" |
| Page 9, line 34, after "know", insert "and had no reason to believe" |
| Page 9, line 35, leave out from "offence" to end of line 38 |
| | THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY |
| Page 10, line 9, after first "he", insert "reasonably" |
| Page 10, line 9, leave out "the other person" and insert "B" |
| Page 10, line 10, leave out from "offence" to end of line 12 |
| Page 10, line 13, leave out "it is proved that" |
| Page 10, line 14, after "existed", insert "solely". |
| Page 10, line 15, after "know", insert "and had no reason to believe" |
| Page 10, line 16, leave out from "offence" to end of line 19 |
| | THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY |
| Page 13, line 21, after first "he" insert "reasonably" |
| Page 13, line 21, leave out "the other person" and insert "B" |
| Page 13, line 22, leave out from "offence" to end |
| Page 13, line 24, leave out "the other person" and insert "B" |
| Page 13, line 26, after "know" insert "and had no reason to believe" |
| Page 13, line 26, leave out "the other person" and insert "B" |
| Page 13, line 28, leave out from "offence" to end of line 30 |
| Page 13, line 29, leave out "the other person" and insert "B" |
| | THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY |
| Page 14, line 7, after first "he" insert "reasonably" |
| Page 14, line 7, leave out "the other person" and insert "B" |
| Page 14, line 8, leave out from "offence" to end of line 10 |
| Page 14, line 10, leave out "the other person" and insert "B" |
| Page 14, line 12, leave out "the other person" and insert "B" |
| Page 14, line 14, after "know" insert "and had no reason to believe" |
| Page 14, line 14, leave out "the other person" and insert "B" |
| Page 14, line 16, leave out from "offence" to end of line 18 |
| Page 14, line 17, leave out "the other person" and insert "B" |
| | THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY |
| Page 20, line 29, at end insert "and |
| (e) | A knows or could reasonably be expected to know that B has a mental disorder or learning disability" |
| Page 20, line 30, leave out subsection (2) |
| Page 21, line 5, leave out subsection (2) |
| | THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY |
| Page 21, line 4, at end insert "and |
| (e) | A knows or could reasonably be expected to know that B has a mental disorder or learning disability" |
| | THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY |
| Page 21, line 21, at end insert— "and |
| (e) | A knows or could reasonably be expected to know that B has a mental disorder or learning disability" |
| Page 21, line 22, leave out subsection (2) |
| | THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY |
| Page 21, line 41, at end insert ", and |
| (f) | A knows, or could reasonably be expected to know, that B has a mental disorder or learning disability" |
| Page 21, line 42, leave out subsection (2) |
| | THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY |
| Page 22, line 17, at end insert ", and |
| (e) | A knows, or could reasonably be expected to know, that B has a mental disorder or learning disability" |
| Page 22, line 18, leave out subsection (2) |
| | THE LORD FAULKNER OF WORCESTER |
| Page 26, line 26, after "so" insert "using fear, force or fraud" |
| | THE LORD FAULKNER OF WORCESTER |
| Page 27, line 9, after "so" insert "using fear, force or fraud" |
| | THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY |
| Page 27, line 38, leave out paragraph (b) |
| | THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY |
| Page 31, line 11, after "know" insert "and had no reason to believe" |
| Page 31, line 13, leave out from "offence" to end of line 14 |
| | THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY |
| Page 31, line 32, after "know" insert "and had no reason to believe" |
| Page 31, line 34, leave out from "offence" to end of line 35 |
| | THE BARONESS NOAKES
THE LORD ASTOR OF HEVER |
| Page 33, line 31, leave out from "someone" to "will" in line 32 |
| | THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 74 stand part of the Bill. |
| | THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY |
| Page 35, line 8, leave out from "Part," to end of line 9 and insert "consent means free agreement by a person with the capacity to agree" |
| | THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 79 stand part of the Bill. |
| | THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY |
| Page 37, line 10, leave out "reasonable" and insert "right-minded" |
| Page 37, line 12, leave out "reasonable" and insert "right-minded" |
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