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Sexual Offences Bill [HL]


Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    32

 

     (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

10 years.

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Sex with an adult relative

 67    Sex with an adult relative: penetration

     (1)    A person aged 16 or over (A) commits an offence if—

           (a)           he intentionally penetrates another person’s vagina or anus with a part

of his body or anything else, or penetrates another person’s mouth with

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his penis,

           (b)           the penetration is sexual, and

           (c)           the other person is a relative of A aged 18 or over.

     (2)    In this section, “relative” means a parent, grandparent, child, grandchild,

brother, sister, half-brother or half-sister.

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     (3)    Where in proceedings for an offence under this section—

           (a)           it is proved that the defendant was related to the other person in any of

the ways mentioned in subsection (2), and

           (b)           the defendant proves that he did not know that they were related in

that way,

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            he is not guilty of the offence unless it is proved that he could reasonably have

been expected to know that they were related in that way.

     (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;

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

2 years.

 68    Sex with an adult relative: consenting to penetration

     (1)    A person aged 16 or over (A) commits an offence if—

           (a)           another person (B) penetrates A’s vagina or anus with a part of B’s

30

body or anything else, or penetrates A’s mouth with B’s penis,

           (b)           A consents to the penetration,

           (c)           the penetration is sexual, and

           (d)           B is a relative of A aged 18 or over.

     (2)    In this section, “relative” means a parent, grandparent, child, grandchild,

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brother, sister, half-brother or half-sister.

     (3)    Where in proceedings for an offence under this section—

           (a)           it is proved that the defendant was related to the other person in any of

the ways mentioned in subsection (2), and

           (b)           the defendant proves that he did not know that they were related in

40

that way,

            he is not guilty of the offence unless it is proved that he could reasonably have

been expected to know that they were related in that way.

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    33

 

     (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;

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

2 years.

5

Other offences

 69    Exposure

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

           (a)           he intentionally exposes his genitals, and

           (b)           he knows or intends that someone will see them and be caused alarm

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or distress.

     (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

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2 years.

 70    Voyeurism

     (1)           A person commits an offence if—

           (a)           for the purpose of obtaining sexual gratification, he observes another

person doing a private act, and

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           (b)           he knows that the other person does not consent to being observed for

his sexual gratification.

     (2)           A person commits an offence if—

           (a)           he operates equipment with the intention of enabling another person to

observe, for the purpose of obtaining sexual gratification, a third

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person (B) doing a private act, and

           (b)           he knows that B does not consent to his operating equipment with that

intention.

     (3)           A person commits an offence if—

           (a)           he records another person (B) doing a private act,

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           (b)           he does so with the intention that he or a third person will, for the

purpose of obtaining sexual gratification, look at an image of B doing

the act, and

           (c)           he knows that B does not consent to his recording the act with that

intention.

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     (4)    A person commits an offence if he instals equipment, or constructs or adapts a

structure or part of a structure, with the intention of enabling himself or

another person to commit an offence under subsection (1).

     (5)    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

2 years.

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    34

 

 71    Voyeurism: interpretation

     (1)           The following apply for the purposes of section 70.

     (2)    A person is doing a private act if the person is in a structure which, in the

circumstances, would reasonably be expected to provide privacy, and—

           (a)           the person’s genitals, buttocks or breasts are exposed or covered only

5

with underwear,

           (b)           the person is using a lavatory, or

           (c)           the person is doing a sexual act that is not of a kind ordinarily done in

public.

     (3)           Observation means any observation, whether direct or by looking at an image

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produced in any way.

     (4)           In section 70 and this section—

                    “image” means a moving or still image, produced by any means, and

                    “structure” includes a tent, vehicle or vessel or other temporary or

movable structure.

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 72    Intercourse with an animal

     (1)    A person commits an offence if—

           (a)           he intentionally performs an act of penetration with his penis,

           (b)           what is penetrated is the vagina or anus of a living animal, and

           (c)           he knows that, or is reckless as to whether, that is what is penetrated.

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

           (a)           A intentionally causes, or allows, A’s vagina or anus to be penetrated,

           (b)           the penetration is by the penis of a living animal, and

           (c)           A knows that, or is reckless as to whether, that is what A is being

penetrated by.

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     (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

2 years.

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 73    Sexual penetration of a corpse

     (1)    A person commits an offence if—

           (a)           he intentionally performs an act of penetration with a part of his body

or anything else,

           (b)           what is penetrated is a part of the body of a dead person,

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           (c)           he knows that, or is reckless as to whether, that is what is penetrated,

and

           (d)           the penetration is sexual.

     (2)    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

2 years.

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    35

 

Offences outside the United Kingdom

 74    Offences outside the United Kingdom

     (1)    Subject to subsection (2), any act done by a person in a country or territory

outside the United Kingdom which—

           (a)           constituted an offence under the law in force in that country or

5

territory, and

           (b)           would constitute a sexual offence to which this section applies if it had

been done in England and Wales or in Northern Ireland,

            constitutes that sexual offence under the law of that part of the United

Kingdom.

10

     (2)    Proceedings by virtue of this section may be brought only against a person who

was on 1st September 1997, or has since become, a British citizen or resident in

the United Kingdom.

     (3)    An act punishable under the law in force in any country or territory constitutes

an offence under that law for the purposes of this section, however it is

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described in that law.

     (4)    Subject to subsection (5), the condition in subsection (1)(a) is to be taken to be

met unless, not later than rules of court may provide, the defendant serves on

the prosecution a notice—

           (a)           stating that, on the facts as alleged with respect to the act in question,

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the condition is not in his opinion met,

           (b)           showing his grounds for that opinion, and

           (c)           requiring the prosecution to prove that it is met.

     (5)    The court, if it thinks fit, may permit the defendant to require the prosecution

to prove that the condition is met without service of a notice under subsection

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(4).

     (6)    In the Crown Court the question whether the condition is met is to be decided

by the judge alone.

     (7)    Schedule 2 lists the sexual offences to which this section applies.

Supplementary and general

30

 75    Exceptions to aiding, abetting and counselling

     (1)    A person is not guilty of aiding, abetting or counselling the commission against

a child of an offence to which this section applies if he acts for the purpose of—

           (a)           protecting the child from sexually transmitted infection,

           (b)           protecting the physical safety of the child, or

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           (c)           preventing the child from becoming pregnant,

            and not for the purpose of causing or encouraging either the activity

constituting the offence or the child’s participation in it.

     (2)    This section applies to—

           (a)           an offence under any of sections 2, 4 and 6 (offences against children

40

under 13);

           (b)           an offence under section 9 (sexual activity with a child);

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    36

 

           (c)           an offence under section 14 which would be an offence under section 9

if the offender were aged 18;

           (d)           an offence under any of sections 18, 28, 32, 37 and 42 (sexual activity)

against a person under 16.

     (3)    This section does not affect any other enactment or any rule of law restricting

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the circumstances in which a person is guilty of aiding, abetting or counselling

an offence under this Part.

 76    “Consent”

For the purposes of this Part, a person consents if he agrees by choice, and has

the freedom and capacity to make that choice.

10

 77    Presumptions about the absence of belief in consent

     (1)    If in proceedings for an offence to which this section applies it is proved—

           (a)           that the defendant did the relevant act,

           (b)           that the complainant did not consent to it,

           (c)           that any of the circumstances specified in subsection (2) existed, and

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           (d)           that the defendant knew that those circumstances existed,

            the defendant is to be taken not to have believed that the complainant

consented unless he proves that he did believe it.

     (2)    The circumstances are that—

           (a)           any person was, at the time of the relevant act or immediately before it

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began, using violence against the complainant or causing the

complainant to fear that immediate violence would be used against

him;

           (b)           any person was, at the time of the relevant act or immediately before it

began, causing the complainant to fear that violence was being used, or

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that immediate violence would be used, against another person;

           (c)           the complainant was, and the defendant was not, unlawfully detained

at the time of the relevant act;

           (d)           the complainant was asleep or otherwise unconscious at the time of the

relevant act;

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           (e)           because of the complainant’s physical disability, the complainant

would not have been able at the time of the relevant act to communicate

to the defendant whether the complainant consented.

     (3)    In subsection (2)(a) and (b), 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

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sexual activities, a reference to the time immediately before the first sexual

activity began.

 78    Conclusive presumptions about consent

     (1)    Subsection (2) applies if, in proceedings for an offence to which this section

applies—

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           (a)           it is proved that the defendant did the relevant act and that the

complainant did not consent to it, and

           (b)           the only evidence adduced of circumstances from which the defendant

might have formed a belief that the complainant consented is—

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    37

 

                  (i)                 evidence of anything said or done by a third party, or

                  (ii)                evidence of circumstances from which the defendant could not

have formed such a belief except on the grounds that they were

consistent with anything said or done by a third party.

     (2)    Where this subsection applies, it is to be conclusively presumed—

5

           (a)           that a reasonable person would in all the circumstances have doubted

whether the complainant consented, and

           (b)           that the defendant did not act in a way that a reasonable person would

consider sufficient in all the circumstances to resolve such doubt.

     (3)    If in proceedings for an offence to which this section applies it is proved that

10

the defendant did the relevant act and that any of the circumstances specified

in subsection (4) existed, it is to be conclusively presumed—

           (a)           that the complainant did not consent to the relevant act, and

           (b)           that the defendant did not believe that the complainant consented to

the relevant act.

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     (4)    The circumstances referred to in subsection (3) are that—

           (a)           the defendant intentionally deceived the complainant as to the nature

or purpose of the relevant act;

           (b)           the defendant intentionally induced the complainant to consent to the

relevant act by impersonating a person known personally to the

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complainant.

 79    Sections 77 and 78: relevant acts

In relation to an offence to which sections 77 and 78 apply, references in those

sections to the relevant act and to the complainant are to be read as follows—

 

Offence

 

Relevant Act

 

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An offence under section 1 (rape).

 

The defendant intentionally

 
   

penetrating, with his penis, the

 
   

vagina, anus or mouth of another

 
   

person (“the complainant”).

 
 

An offence under section 3

 

The defendant intentionally

 

30

 

(assault by penetration).

 

penetrating, with a part of his body

 
   

or anything else, the vagina or

 
   

anus of another person (“the

 
   

complainant”), where the

 
   

penetration is sexual.

 

35

 

An offence under section 5

 

The defendant intentionally

 
 

(sexual assault).

 

touching another person (“the

 
   

complainant”), where the touching

 
   

is sexual.

 
 

An offence under section 7

 

The defendant intentionally

 

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(causing a person to engage in

 

causing another person (“the

 
 

sexual activity without consent).

 

complainant”) to engage in an

 
   

activity, where the activity is

 
   

sexual.

 
 

 

 
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