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Amendments to the Sexual Offences Bill [HL]

Sexual Offences Bill [HL]


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Clause 1

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

Leave out Clause 1 and insert the following new Clause—
  "Sexual violation
(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."
 

Clause 2

 

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
(g)  B was under 13.
(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."
 

Clause 3

 

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."
 

Clause 4

 

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.
 

Clause 5

 

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)
 

Clause 7

 

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)
 

Clause 18

 

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
 

Clause 19

 

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"
 

Clause 20

 

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
 

Clause 21

 

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
 

Clause 22

 

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
 

Clause 28

 

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"
 

Clause 29

 

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"
 

Clause 43

 

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)
 

Clause 44

 

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"
 

Clause 45

 

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)
 

Clause 46

 

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)
 

Clause 47

 

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)
 

Clause 56

 

THE LORD FAULKNER OF WORCESTER

Page 26, line 26, after "so" insert "using fear, force or fraud"
 

Clause 58

 

THE LORD FAULKNER OF WORCESTER

Page 27, line 9, after "so" insert "using fear, force or fraud"
 

Clause 60

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

Page 27, line 38, leave out paragraph (b)
 

Clause 68

 

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
 

Clause 69

 

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
 

Clause 74

 

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.
 

Clause 77

 

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"
 

Clause 79

 

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.
 

Clause 80

 

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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©Parliamentary copyright 2003
21 March 2003