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Amendments to the Sexual Offences Bill [HL]

Sexual Offences Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 19th March 2003, as follows—

Clauses 1 to 75
Schedule 1
Clauses 76 to 82
Schedule 2
Clauses 83 to 103
Schedule 3
Clauses 104 to 124
Schedule 4
Clause 125
Schedule 5
Clauses 126 to 128

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE LORD CAMPBELL OF ALLOWAY
THE LORD LLOYD OF BERWICK

1Page 1, line 6, leave out ", anus or mouth" and insert "or anus"
2Page 1, line 9, leave out "or (3)"
3Page 1, line 13, leave out subsection (3)
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

4Page 1, line 14, after "person" insert "sharing the characteristics of A"
5Page 1, line 16, after "person" insert "sharing the characteristics of A"
 

THE LORD CAMPBELL OF ALLOWAY
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD LLOYD OF BERWICK

6Page 1, line 18, leave out subsection (4)
 

THE LORD FALCONER OF THOROTON

7Page 1, line 18, leave out "Section 78 applies" and insert "Sections (Presumptions about the absence of belief in consent) and (Conclusive presumptions about consent) apply"
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

8Leave 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 person (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 ACKNER

 The Lord Ackner gives notice of his intention to oppose the Question that Clause 1 stand part of the Bill.
 

Clause 2

 

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

9Page 2, line 2, after "person" insert "aged 16 or over"
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

10Leave 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."
 

Before Clause 3

 

THE LORD CAMPBELL OF ALLOWAY

11Insert 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."
 

Clause 3

 

THE LORD LUCAS

12Page 2, line 12, after "or" insert "causes or allows it to be penetrated by"
 

THE LORD CAMPBELL OF ALLOWAY
THE LORD LLOYD OF BERWICK

13Page 2, line 15, leave out "or (3)"
14Page 2, line 19, leave out subsection (3)
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

15Page 2, line 20, after "person" insert "sharing the characteristics of A"
16Page 2, line 22, after "person" insert "sharing the characteristics of A"
 

THE LORD CAMPBELL OF ALLOWAY
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD LLOYD OF BERWICK

17Page 2, line 24, leave out subsection (4)
 

THE LORD FALCONER OF THOROTON

18Page 2, line 24, leave out "Section 78 applies" and insert "Sections (Presumptions about the absence of belief in consent) and (Conclusive presumptions about consent) apply"
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

19Leave 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 ACKNER

 The Lord Ackner gives notice of his intention to oppose the Question that Clause 3 stand part of the Bill.
 

Clause 4

 

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

20Page 2, line 28, after "person" insert "aged 16 or over"
 

THE LORD NORTHBOURNE

21Page 2, line 34, leave out "life" and insert "a term not exceeding 14 years"
 

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

22Page 2, line 40, leave out paragraph (d), and insert—
"(d)  A does not reasonably believe that B consents."
 

THE LORD CAMPBELL OF ALLOWAY
THE LORD LLOYD OF BERWICK

23Page 2, line 40, leave out "or (3)"
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

24Page 3, line 1, leave out subsection (2)
 

THE LORD CAMPBELL OF ALLOWAY
THE LORD LLOYD OF BERWICK
THE LORD THOMAS OF GRESFORD

25Page 3, line 4, leave out subsection (3)
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

26Page 3, line 5, after "person" insert "sharing the characteristics of A"
27Page 3, line 7, after "person" insert "sharing the characteristics of A"
 

THE LORD CAMPBELL OF ALLOWAY
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD LLOYD OF BERWICK

28Page 3, line 9, leave out subsection (4)
 

THE LORD FALCONER OF THOROTON

29Page 3, line 9, leave out "Section 78 applies" and insert "Sections (Presumptions about the absence of belief in consent) and (Conclusive presumptions about consent) apply"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY

30Page 3, line 11, leave out paragraph (a)
 

THE LORD ACKNER

 The Lord Ackner gives notice of his intention to oppose the Question that Clause 5 stand part of the Bill.
 

Clause 6

 

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

31Page 3, line 16, after "person" insert "aged 16 or over"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY

32Page 3, line 21, leave out paragraph (a)
 

THE LORD NORTHBOURNE

33Page 3, line 24, leave out "14" and insert "10"
 

Clause 7

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

34Page 3, line 31, leave out paragraph (d), and insert—
"(d)  A does not reasonably believe that B consents"
 

THE LORD CAMPBELL OF ALLOWAY

35Page 3, line 31, leave out "or (3)"
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

36Page 3, line 32, leave out subsection (2)
 

THE LORD CAMPBELL OF ALLOWAY
THE LORD THOMAS OF GRESFORD

37Page 3, line 35, leave out subsection (3)
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

38Page 3, line 36, after "person" insert "sharing the characteristics of A"
39Page 3, line 38, after "person" insert "sharing the characteristics of A"
 

THE LORD CAMPBELL OF ALLOWAY
THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD THOMAS OF GRESFORD

40Page 3, line 40, leave out subsection (4)
 

THE LORD FALCONER OF THOROTON

41Page 3, line 40, leave out "Section 78 applies" and insert "Sections (Presumptions about the absence of belief in consent) and (Conclusive presumptions about consent) apply"
 

THE LORD CAMPBELL OF ALLOWAY

42Page 4, line 4, leave out paragraph (b)
43Page 4, line 7, leave out paragraph (d)
 

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

44Page 4, line 9, after "person" insert "aged 18 or over"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY

45Page 4, line 11, leave out paragraph (a)
 

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

46Page 4, line 14, at end insert—
"(7)  A person aged 18 or under 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."
 

THE LORD ACKNER

 The Lord Ackner gives notice of his intention to oppose the Question that Clause 7 stand part of the Bill.

 
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28 March 2003