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Sexual Offences Bill [HL]


Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    1

 

A

Bill

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)           subsection (2) or (3) applies.

     (2)    This subsection applies if A does not believe that B consents (whether because

10

he knows that B does not consent, gives no thought to whether B consents, or

otherwise).

     (3)    This subsection applies if—

           (a)           a reasonable person would in all the circumstances doubt whether B

consents, and

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           (b)           A does not act in a way that a reasonable person would consider

sufficient in all the circumstances to resolve such doubt.

     (4)    Section 78 applies to an offence under this section.

     (5)    A person guilty of an offence under this section is liable, on conviction on

indictment, to imprisonment for life.

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HL Bill 2653/2
 
 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    2

 

 2     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

           (b)           the other person is under 13.

5

     (2)    A person guilty of an offence under this section is liable, on conviction on

indictment, to imprisonment for life.

Assault

 3     Assault by penetration

     (1)    A person (A) commits an offence if—

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           (a)           he intentionally penetrates the vagina or anus of another person (B)

with a part of his body or anything else,

           (b)           the penetration is sexual,

           (c)           B does not consent to the penetration, and

           (d)           subsection (2) or (3) applies.

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     (2)    This subsection applies if A does not believe that B consents (whether because

he knows that B does not consent, gives no thought to whether B consents, or

otherwise).

     (3)    This subsection applies if—

           (a)           a reasonable person would in all the circumstances doubt whether B

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consents, and

           (b)           A does not act in a way that a reasonable person would consider

sufficient in all the circumstances to resolve such doubt.

     (4)    Section 78 applies to an offence under this section.

     (5)    A person guilty of an offence under this section is liable, on conviction on

25

indictment, to imprisonment for life.

 4     Assault of a child under 13 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, and

           (c)           B is under 13.

     (2)    A person guilty of an offence under this section is liable, on conviction on

indictment, to imprisonment for life.

 5     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)           subsection (2) or (3) applies.

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Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    3

 

     (2)    This subsection applies if A does not believe that B consents (whether because

he knows that B does not consent, gives no thought to whether B consents, or

otherwise).

     (3)    This subsection applies if—

           (a)           a reasonable person would in all the circumstances doubt whether B

5

consents, and

           (b)           A does not act in a way that a reasonable person would consider

sufficient in all the circumstances to resolve such doubt.

     (4)    Section 78 applies to an offence under this section.

     (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

10 years.

 6     Sexual assault of a child under 13

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     (1)    A person (A) commits an offence if—

           (a)           he intentionally touches another person (B),

           (b)           the touching is sexual, and

           (c)           B is under 13.

     (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

14 years.

Causing sexual activity without consent

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 7     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)           subsection (2) or (3) applies.

     (2)    This subsection applies if A does not believe that B consents (whether because

he knows that B does not consent, gives no thought to whether B consents, or

otherwise).

     (3)    This subsection applies if—

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           (a)           a reasonable person would in all the circumstances doubt whether B

consents, and

           (b)           A does not act in a way that a reasonable person would consider

sufficient in all the circumstances to resolve such doubt.

     (4)    Section 78 applies to an offence under this section.

40

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    4

 

     (5)    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,

           (c)           penetration of a person’s anus or vagina with a part of B’s body or by

5

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.

     (6)    Unless subsection (5) applies, 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 sic

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.

 8     Causing a child under 13 to engage in sexual activity

15

     (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, and

           (c)           B is under 13.

     (2)    A person guilty of an offence under this section is liable, on conviction on

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indictment—

           (a)           where subsection (3) applies, to imprisonment for life;

           (b)           in any other case, to imprisonment for a term not exceeding 14 years.

     (3)    This subsection applies if the activity caused involved—

           (a)           penetration of B’s anus or vagina,

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           (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.

Child sex offences

30

 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),

           (b)           the touching is sexual,

           (c)           B is under 16, and

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           (d)           A does not reasonably believe that B is 16 or over.

     (2)    Section 76 applies to an offence under this section.

     (3)    A person guilty of an offence under this section is liable, on conviction on

indictment, to imprisonment for a term not exceeding 14 years.

 

 

 
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