House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Sexual Offences Bill [HL]


Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    5

 

 10    Causing a child to engage in sexual activity

     (1)    A person aged 18 or over (A) commits an offence if—

           (a)           he intentionally causes another person (B) to engage in an activity,

           (b)           the activity is sexual,

           (c)           B is under 16, and

5

           (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.

 11    Inciting a child to engage in sexual activity

10

     (1)    A person aged 18 or over (A) commits an offence if—

           (a)           he intentionally incites another person (B) to engage 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

15

over, or

                  (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.

 12    Engaging in sexual activity in the presence of a child

20

     (1)    A person aged 18 or over (A) commits an offence if—

           (a)           he intentionally engages in an activity,

           (b)           the activity is sexual,

           (c)           for the purpose of obtaining sexual gratification, he engages in it in the

presence of another person (B), knowing or believing that B is aware, or

25

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

                  (ii)                B is under 13.

30

     (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

10 years.

35

 13    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

look at a photograph or pseudo-photograph of a person engaging in an

40

activity,

           (b)           the activity is sexual, and

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    6

 

           (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.

     (2)    A person guilty of an offence under this section is liable—

5

           (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.

 14    Child sex offences committed by children or young persons

10

     (1)    A person under 18 commits an offence if he does anything which would be an

offence under any of sections 9 to 13 if he were aged 18.

     (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;

15

           (b)           on conviction on indictment, to imprisonment for a term not exceeding

5 years.

 15    Arranging or facilitating commission of a child sex offence

     (1)    A person commits an offence if he intentionally arranges or facilitates the

doing of anything which, if done as he intends, either—

20

           (a)           will involve the commission by any person of an offence under any of

sections 9 to 14, or

           (b)           would do so but for the existence of facts which make the commission

of the offence impossible.

     (2)    For the purposes of subsection (1), section 76 is to be disregarded.

25

     (3)    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.

30

 16    Sections 9 to 15: marriage exception

     (1)    Conduct by a person (A) which would otherwise be an offence under any of

sections 9 to 14 against another person (B) is not an offence under that section

if—

           (a)           at the time, A and B are lawfully married,

35

           (b)           no other person is taking part or otherwise involved, and

           (c)           the conduct does not involve a photograph or pseudo-photograph of

any other person engaging in a sexual activity.

     (2)    In proceedings for an offence under any of sections 9 to 15 it is for the

defendant to prove that subsection (1) applied.

40

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    7

 

 17    Meeting a child following sexual grooming etc.

     (1)    A person aged 18 or over (A) commits an offence if—

           (a)           he intentionally meets, or travels with the intention of meeting, another

person (B), having met or communicated with B on at least two earlier

occasions,

5

           (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

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

10

     (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;

           (b)           “relevant offence” means—

15

                  (i)                 an offence under this Part,

                  (ii)                an offence under section 4 of the Criminal Law Amendment Act

1885 (c. 69) (unlawful carnal knowledge of a girl under 14),

                  (iii)               an offence under section 5 of that Act (unlawful carnal

knowledge of a girl under 17),

20

                  (iv)                an offence under section 22 of the Children and Young Persons

Act (Northern Ireland) 1968 (c. 34 (N.I.)) (indecent conduct

towards a child), or

                  (v)                 anything done outside England and Wales and Northern

Ireland which is not an offence within any of sub-paragraphs (i)

25

to (iv) but would be if done in England and Wales or Northern

Ireland.

     (3)    In this section as it applies to Northern Ireland, subsection (1) (c)(i) has effect

with the substitution of “17” for “16” in both places.

     (4)    A person guilty of an offence under this section is liable—

30

           (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.

Abuse of a position of trust

35

 18    Abuse of position of trust: 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)           A is in a position of trust in relation to B, and

40

           (d)           B is under 18.

     (2)    Where in proceedings for an offence under this section the defendant proves

that he believed that the other person was 18 or over, he is not guilty of the

offence unless it is proved that his belief was unreasonable.

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    8

 

     (3)    Where in proceedings for an offence under this section it is proved that a

position of trust existed because of circumstances within section 23(2), (3), (4)

or (5) and the defendant proves that he did not know of those circumstances,

he is not guilty of the offence unless it is proved—

           (a)           that he could reasonably have been expected to know of those

5

circumstances, or

           (b)           that a position of trust existed because of other circumstances.

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

     (5)    A person guilty of an offence under this section is liable—

           (a)           on summary conviction, to imprisonment for a term not exceeding 6

10

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.

 19    Abuse of position of trust: causing a child to engage in sexual activity

     (1)    A person aged 18 or over (A) commits an offence if—

15

           (a)           he intentionally causes another person (B) to engage in an activity,

           (b)           the activity is sexual,

           (c)           A is in a position of trust in relation to B, and

           (d)           B is under 18.

     (2)    Where in proceedings for an offence under this section the defendant proves

20

that he believed that the other person was 18 or over, he is not guilty of the

offence unless it is proved that his belief was unreasonable.

     (3)    Where in proceedings for an offence under this section it is proved that a

position of trust existed because of circumstances within section 23(2), (3), (4)

or (5) and the defendant proves that he did not know of those circumstances,

25

he is not guilty of the offence unless it is proved—

           (a)           that he could reasonably have been expected to know of those

circumstances, or

           (b)           that a position of trust existed because of other circumstances.

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

30

     (5)    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

5 years.

35

 20    Abuse of position of trust: inciting a child to engage in sexual activity

     (1)    A person aged 18 or over (A) commits an offence if—

           (a)           he intentionally incites another person (B) to engage in an activity,

           (b)           the activity is sexual,

           (c)           A is in a position of trust in relation to B, and

40

           (d)           B is under 18.

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    9

 

     (2)    Where in proceedings for an offence under this section the defendant proves

that he believed that the other person was 18 or over, he is not guilty of the

offence unless it is proved—

           (a)           that his belief was unreasonable, or

           (b)           that the other person was under 13.

5

     (3)    Where in proceedings for an offence under this section it is proved that a

position of trust existed because of circumstances within section 23(2), (3), (4)

or (5) and the defendant proves that he did not know of those circumstances,

he is not guilty of the offence unless it is proved—

           (a)           that he could reasonably have been expected to know of those

10

circumstances, or

           (b)           that a position of trust existed because of other circumstances.

     (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;

15

           (b)           on conviction on indictment, to imprisonment for a term not exceeding

5 years.

 21    Abuse of position of trust: sexual activity in the presence of a child

     (1)    A person aged 18 or over (A) commits an offence if—

           (a)           he intentionally engages in an activity,

20

           (b)           the activity is sexual,

           (c)           for the purpose of obtaining sexual gratification, he engages in it in the

presence of another person (B), knowing or believing that B is aware, or

intending that B should be aware, that he is engaging in it,

           (d)           A is in a position of trust in relation to B, and

25

           (e)           B is under 18.

     (2)    Where in proceedings for an offence under this section the defendant proves

that he believed that the other person was 18 or over, he is not guilty of the

offence unless it is proved—

           (a)           that his belief was unreasonable, or

30

           (b)           that the other person was under 13.

     (3)    Where in proceedings for an offence under this section it is proved that a

position of trust existed because of circumstances within section 23(2), (3), (4)

or (5) and the defendant proves that he did not know of those circumstances,

he is not guilty of the offence unless it is proved—

35

           (a)           that he could reasonably have been expected to know of those

circumstances, or

           (b)           that a position of trust existed because of other circumstances.

     (4)    A person guilty of an offence under this section is liable—

           (a)           on summary conviction, to imprisonment for a term not exceeding 6

40

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.

 22    Abuse of position of trust: causing a child to watch a sexual act

     (1)    A person aged 18 or over (A) commits an offence if—

45

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    10

 

           (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

look at a photograph or pseudo-photograph of a person engaging in an

activity,

           (b)           the activity is sexual,

5

           (c)           A is in a position of trust in relation to B, and

           (d)           B is under 18.

     (2)    Where in proceedings for an offence under this section the defendant proves

that he believed that the other person was 18 or over, he is not guilty of the

offence unless it is proved—

10

           (a)           that his belief was unreasonable, or

           (b)           that the other person was under 13.

     (3)    Where in proceedings for an offence under this section it is proved that a

position of trust existed because of circumstances within section 23(2), (3), (4)

or (5) and the defendant proves that he did not know of those circumstances,

15

he is not guilty of the offence unless it is proved—

           (a)           that he could reasonably have been expected to know of those

circumstances, or

           (b)           that a position of trust existed because of other circumstances.

     (4)    A person guilty of an offence under this section is liable—

20

           (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.

 23    Positions of trust

25

     (1)    For the purposes of sections 18 to 22, a person (A) is in a position of trust in

relation to another person (B) if—

           (a)           any of subsections (2) to (8) applies, or

           (b)           any condition specified in an order made by the Secretary of State is

met.

30

     (2)    This subsection applies if A looks after persons under 18 who are detained in

an institution by virtue of a court order or under an enactment, and B is so

detained in that institution.

     (3)    This subsection applies if A looks after persons under 18 who are resident in a

home or other place in which—

35

           (a)           accommodation and maintenance are provided by an authority under

section 23(2) of the Children Act 1989 (c. 41) or Article 27(2) of the

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)), or

           (b)           accommodation is provided by a voluntary organisation under section

59(1) of that Act or Article 75(1) of that Order,

40

                   and B is resident, and is so provided with accommodation and maintenance or

accommodation, in that place.

     (4)    This subsection applies if A looks after persons under 18 who are

accommodated and cared for in one of the following institutions—

           (a)           a hospital,

45

           (b)           a care home or private hospital,

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    11

 

           (c)           a community home, voluntary home or children’s home,

           (d)           a home provided under section 82(5) of the Children Act 1989 (c. 41), or

           (e)           a residential family centre,

            and B is accommodated and cared for in that institution.

     (5)    This subsection applies if A looks after persons under 18 who are receiving full-

5

time education at an educational institution and B is receiving full-time

education at that institution.

     (6)    This subsection applies if A is engaged in the provision of services under, or

pursuant to anything done under, section 114 of the Learning and Skills Act

2000 (c. 21) and, in that capacity, looks after B on an individual basis.

10

     (7)    This subsection applies if A is a personal adviser appointed for B under—

           (a)           section 23B(2) of, or paragraph 19C of Schedule 2 to, the Children Act

1989, or

           (b)           Article 34A(10) or 34C(2) of the Children (Northern Ireland) Order 1995

(S.I. 1995/755 (N.I. 2)),

15

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

     (8)    This subsection applies if—

           (a)           B is subject to requirements imposed by or under an enactment on his

release from detention for a criminal offence, or is subject to

requirements imposed by a court order made in criminal proceedings,

20

and

           (b)           A looks after B on an individual basis in pursuance of the requirements.

 24    Positions of trust: interpretation

     (1)    The following provisions apply for the purposes of section 23.

     (2)    Subject to subsection (3), a person looks after persons under 18 if he is regularly

25

involved in caring for, training, supervising or being in sole charge of such

persons.

     (3)    A person (A) looks after another person (B) on an individual basis if—

           (a)           A is regularly involved in caring for, training or supervising B, and

           (b)           in the course of his involvement, A regularly has unsupervised contact

30

with B alone (whether face to face or by any other means).

     (4)    A person receives full-time education at an educational institution if—

           (a)           he is registered or otherwise enrolled as a full-time pupil or student at

the institution, or

           (b)           he receives education at the institution under arrangements with

35

another educational institution at which he is so registered or otherwise

enrolled.

     (5)    In section 23

                    “authority”—

                  (a)                 in relation to England and Wales, means a local authority;

40

                  (b)                 in relation to Northern Ireland, has the meaning given by

Article 2(2) of the Children (Northern Ireland) Order 1995;

                    “care home” means an establishment which is a care home for the

purposes of the Care Standards Act 2000 (c. 14);

                    “children’s home” has—

45

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 29 January 2003