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Sexual Offences Bill [HL]


Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    1

 

A

Bill

[AS AMENDED ON REPORT]

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 76 and 77 apply to an offence under this section.

 
HL Bill 7453/2
 
 

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     Anonymity of defendant in rape etc. cases

The defendant in rape etc. cases shall enjoy the same right to anonymity as is

enjoyed by the complainant.

5

Assault

 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,

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           (b)           the penetration is sexual,

           (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

15

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 76 and 77 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     Sexual assault

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

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

           (b)           the touching is sexual,

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

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

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     (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).

     (3)    This subsection applies if—

           (a)           a reasonable person would in all the circumstances doubt whether B

35

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.

     (4)    Sections 76 and 77 apply to an offence under this section.

     (5)    A person guilty of an offence under this section is liable—

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Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    3

 

           (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.

Causing sexual activity without consent

5

 5     Causing a person to engage in sexual activity without consent

     (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,

           (c)           B does not consent to engaging in the activity, and

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           (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).

     (3)    This subsection applies if—

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           (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.

     (4)    Sections 76 and 77 apply to an offence under this section.

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     (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,

           (c)           penetration of a person’s anus or vagina with a part of B’s body or by

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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

is liable—

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           (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.

Rape and other offences against children under 13

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 6     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

with his penis, and

           (b)           the other person is under 13.

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Sexual Offences Bill [HL]
Part 1 — Sexual Offences

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

indictment, to imprisonment for life.

 7     Assault of a child under 13 by penetration

     (1)    A person commits an offence if—

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

5

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

indictment, to imprisonment for life.

10

 8     Sexual assault of a child under 13

     (1)    A person commits an offence if—

           (a)           he intentionally touches another person,

           (b)           the touching is sexual, and

           (c)           the other person is under 13.

15

     (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

14 years.

20

 9     Causing or inciting a child under 13 to engage in sexual activity

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

           (a)           he intentionally causes or incites another person (B) to engage in an

activity,

           (b)           the activity is sexual, and

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           (c)           B is under 13.

     (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.

30

     (3)    This subsection applies if the activity caused or incited involved—

           (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

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

Child sex offences

 10    Sexual activity with a child

     (1)    A person aged 18 or over (A) commits an offence if—

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    5

 

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

           (b)           the touching is sexual, and

           (c)                         either—

                  (i)                 B is under 16 and A does not reasonably believe that B is 16 or

over, or

5

                  (ii)                B is under 13.

     (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.

 11    Causing or inciting a child to engage in sexual activity

     (1)    A person aged 18 or over (A) commits an offence if—

10

           (a)           he intentionally causes or incites another person (B) to engage in an

activity,

           (b)           the activity is sexual, and

           (c)                         either—

                  (i)                 B is under 16 and A does not reasonably believe that B is 16 or

15

over, or

                  (ii)                B is under 13.

     (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.

 12    Engaging in sexual activity in the presence of a child

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     (1)    A person aged 18 or over (A) commits an offence if—

           (a)           he intentionally engages in an activity,

           (b)           the activity is sexual,

           (c)           for the purpose of obtaining sexual gratification, he engages in it in the

presence of another person (B), knowing or believing that B is aware, or

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intending that B should be aware, that he is engaging in it, 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—

           (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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 13    Causing a child to watch a sexual act

     (1)    A person aged 18 or over (A) commits an offence if—

           (a)           for the purpose of obtaining sexual gratification, he intentionally causes

another person (B) to watch a third person engaging in an activity, or to

look at a photograph or pseudo-photograph of any person engaging in

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an activity,

           (b)           the activity is sexual, and

           (c)           either—

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

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                  (i)                 B is under 16 and A does not reasonably believe that B is 16 or

over, or

                  (ii)                B 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

5

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.

 14    Child sex offences committed by children or young persons

     (1)    A person under 18 commits an offence if he does anything which would be an

10

offence under any of sections 10 to 13 if he were aged 18.

     (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

15

5 years.

 15    Arranging or facilitating commission of a child sex offence

     (1)           A person commits an offence if—

           (a)           he intentionally arranges or facilitates something that he intends to do,

intends another person to do, or believes that another person will do, in

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any part of the world, and

           (b)           doing it will involve the commission of an offence under any of sections

10 to 14.

     (2)           A person does not commit an offence under this section if—

           (a)           he arranges or facilitates something that he believes another person will

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do, but that he does not intend to do or intend another person to do,

and

           (b)           any offence within subsection (1)(b) would be an offence against a child

for whose protection he acts.

     (3)           For the purposes of subsection (2), a person acts for the protection of a child if

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he acts for the purpose of—

           (a)           protecting the child from sexually transmitted infection,

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

           (c)           preventing the child from becoming pregnant,

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

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offence within subsection (1)(b) or the child’s participation in it.

     (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

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14 years.

 

 

 
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