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Sexual Offences Bill [HL]


Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    1

 

A

Bill

[AS AMENDED IN COMMITTEE]

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)    Sections 77 and 78 apply to an offence under this section.

 
HL Bill 6853/2
 
 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    2

 

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

indictment, to imprisonment for life.

 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

5

with his penis, and

           (b)           the other person is under 13.

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

indictment, to imprisonment for life.

Assault

10

 3     Assault 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,

           (b)           the penetration is sexual,

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

           (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).

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     (3)    This subsection applies if—

           (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.

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     (4)    Sections 77 and 78 apply 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.

 4     Assault of a child under 13 by penetration

     (1)    A person commits an offence if—

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

part of his body or anything else,

           (b)           the penetration is sexual, and

           (c)           the other person is under 13.

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

35

indictment, to imprisonment for life.

 5     Sexual assault

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

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

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    3

 

           (b)           the touching is sexual,

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

           (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

5

otherwise).

     (3)    This subsection applies if—

           (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

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sufficient in all the circumstances to resolve such doubt.

     (4)    Sections 77 and 78 apply 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

months or a fine not exceeding the statutory maximum or both;

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

10 years.

 6     Sexual assault of a child under 13

     (1)    A person commits an offence if—

           (a)           he intentionally touches another person,

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           (b)           the touching is sexual, and

           (c)           the other person is under 13.

     (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;

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

14 years.

Causing sexual activity without consent

 7     Causing a person to engage in sexual activity without consent

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

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           (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

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

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

35

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

40

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

sufficient in all the circumstances to resolve such doubt.

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    4

 

     (4)    Sections 77 and 78 apply to an offence under this section.

     (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,

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           (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,

            is liable, on conviction on indictment, to imprisonment for life.

     (6)    Unless subsection (5) applies, a person guilty of an offence under this section

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is liable—

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

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.

15

 8     Causing a child under 13 to engage in sexual activity

     (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.

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

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—

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           (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

B with anything else, or

           (d)           penetration of a person’s mouth with B’s penis.

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Child sex offences

 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,

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           (c)           B is under 16, 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.

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     (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.

 

 

 
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