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Amendments to the Sexual Offences Bill [HL]

Sexual Offences Bill [HL]


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Before Clause 3

 

THE LORD CAMPBELL OF ALLOWAY

Insert the following new Clause—
  "Assault by oral penetration
  Subject to the provisions of section 1(2), intentional penetration of the mouth of a person by a penis without such person's consent is an offence to be tried on indictment for which the maximum sentence is 10 years' imprisonment."
 

After Clause 37

 

THE LORD RIX

Insert the following new Clause—
  "Sexual activity between two persons with a mental disorder or learning disability
  Activity by a person (A) which would otherwise be an offence under this Part against another person (B) is not an offence where (A) as well as (B) lacks sufficient understanding of the nature of the activity or is unable to communicate his understanding."
 

Clause 48

 

THE LORD RIX

Page 22, line 31, leave out "(2)" and insert "(1A)"
Page 22, line 31, at end insert—
"(1A)  This subsection applies if—
(a)  B has a personal advocate formally recognised by a statutory agency for that purpose, and
(b)  A is that advocate."
Page 22, line 36, leave out "regular"
Page 22, line 42, leave out "regular"
Page 23, line 2, leave out "regularly"
Page 23, line 4, at end insert—
  ""Advocate" means a person other than a family member or a solicitor appointed to represent, or formally recognised as representing, a person wholly or partly unable to act in their own interests on account of learning disability or mental disorder."
 

Clause 51

 

THE LORD RIX

 The Lord Rix gives notice of his intention to oppose the Question that Clause 51 stand part of the Bill.
 

After Clause 118

 

THE LORD RIX

Insert the following new Clause—
  "Orders of court: therapeutic or counselling services for victims
(1)  A court making an order or passing judgement on any action brought under this Act may direct that appropriate rehabilitation, therapeutic or counselling services shall be provided for the benefit of the victim or victims whose circumstances have given rise to the order or judgement.
(2)  It shall be the responsibility of any Local Authority or NHS body named in the direction to consult the victim or victims and those supporting them, and to arrange for the provision of appropriate services."

 
 
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11 March 2003