Sexual offences in English law

There are a number of [...] offences under the law of England and Wales.

Common features

General interpretation

Consent

As to consent, see sections 74 to 77 of the [...] Offences Act 2003.

"[...]"

As to the meaning of "[...]", see section 78 of the [...] Offences Act 2003.

Touching

As to touching, see section 79(8) of the [...] Offences Act 2003.

Incitement

As to incitement to commit a [...] act, that would amount to a listed [...] offence if it was done in England and Wales, outside the United Kingdom, see section 2 of the [...] Offences (Conspiracy and Incitement) Act 1996.

Abolition of presumption of [...] incapacity

As to the abolition of the presumption of [...] incapacity, see section 1 of the [...] Offences Act 1993.

Notification requirements

As to notification requirements, see sections 80 to 92 of the [...] Offences Act 2003. See formerly Part I of the [...] Offenders Act 1997.

Orders

[...] offenders May Be subject to the following orders, in particular:

  • Notification orders. As to these, see sections 97 to 103 of the [...] Offences Act 2003.
  • [...] harm prevention orders. As to these see sections 103A to 103K of the [...] Offences Act 2003, as inserted by paragraph 2 of Schedule 5 to the Anti-social Behaviour, Crime and Policing Act 2014.
  • [...] risk orders. As to these, see sections 122A to 122K of the [...] Offences Act 2003, as inserted by paragraph 4 of Schedule 5 to the Anti-social Behaviour, Crime and Policing Act 2014.

Sections 104 to 113 of the [...] Offences Act 2003 made provision for [...] offences prevention orders. Sections 114 to 122 of that Act made provision for foreign travel orders. Sections 123 to 129 of that Act made provision for risk of [...] harm orders. Sections 104 to 113 and 114 to 122 and 123 to 129 of that Act were repealed, for England and Wales, by paragraphs 3(1) and 5(1) of the Anti-social Behaviour, Crime and Policing Act 2014.

Entry and search

As to the power to enter and search the relevant offender's home address, see section 96B of the [...] Offences Act 2003.

Anonymity of victims

As to the anonymity of victims, see the [...] Offences (Amendment) Act 1992.

Specified [...] offences

Part 2 of Schedule 15 to the Criminal Justice Act 2003 (as amended by section 130(8) of the Police, Crime, Sentencing and Courts Act 2022) contains a list of offences that are "specified [...] offences" for the purposes of sections 244ZA and 325 of that Act.

Non-consensual offences

Ormerod characterizes the offences under sections 1 to 4 of the [...] Offences Act 2003 as non-consensual offences. Card, Gillespie and Hirst characterize the offences under sections 1 to 8 of that Act as non-consensual offences.

[...]

The offence of [...] is created by section 1 of the [...] Offences Act 2003.

Assault

  • Assault by penetration, contrary to section 2 of the [...] Offences Act 2003
  • [...] assault, contrary to section 3 of the [...] Offences Act 2003
  • Causing a person to engage in [...] activity without consent, contrary to section 4 of the [...] Offences Act 2003

Offences against children, other than prostitution and [...]

Offences against children under 13

Ormerod characterizes the offences under sections 5 to 8 as offences against children under 13.

  • [...] of a child under 13, contrary to section 5 of the [...] Offences Act 2003
  • Assault of a child under 13 by penetration, contrary to section 6 of the [...] Offences Act 2003
  • [...] assault of a child under 13, contrary to section 7 of the [...] Offences Act 2003
  • Causing or inciting a child under 13 to engage in [...] activity, contrary to section 8 of the [...] Offences Act 2003

Offences against children under 16

  • [...] activity with a child, contrary to section 9 of the [...] Offences Act 2003
  • Causing or inciting a child to engage in [...] activity, contrary to section 10 of the [...] Offences Act 2003
  • Engaging in [...] activity in the presence of a child, contrary to section 11 of the [...] Offences Act 2003
  • Causing a child to watch a [...] act, contrary to section 12 of the [...] Offences Act 2003
  • Child [...] offences committed by children or young persons (The [...] Offences Act 2003, section 13)
  • Arranging or facilitating the commission of a child [...] offence, contrary to section 14 of the [...] Offences Act 2003
  • Meeting a child following [...] grooming etc., contrary to section 15 of the [...] Offences Act 2003
  • [...] communication with a child, contrary to section 15A of the [...] Offences Act 2003, as inserted by section 67 of the Serious Crime Act 2015

Abuse of position of trust

The following offences replace offences under the [...] Offences (Amendment) Act 2000:

  • Abuse of position of trust: [...] activity with a child, contrary to section 16 of the [...] Offences Act 2003
  • Abuse of position of trust: causing or inciting a child to engage in [...] activity, contrary to section 17 of the [...] Offences Act 2003
  • Abuse of position of trust: [...] activity in the presence of a child, contrary to section 18 of the [...] Offences Act 2003
  • Abuse of position of trust: causing a child to watch a [...] act, contrary to section 19 of the [...] Offences Act 2003

Offences against child family members

  • [...] activity with a child family member, contrary to section 25 of the [...] Offences Act 2003
  • Inciting a child family member to engage in [...] activity, contrary to section 26 of the [...] Offences Act 2003

Offences against mentally disordered persons

Mental disorder impeding choice

  • [...] activity with a person with a mental disorder impeding choice, contrary to section 30 of the [...] Offences Act 2003
  • Causing or inciting a person, with a mental disorder impeding choice, to engage in [...] activity, contrary to section 31 of the [...] Offences Act 2003
  • Engaging in [...] activity in the presence of a person with a mental disorder impeding choice, contrary to section 32 of the [...] Offences Act 2003
  • Causing a person, with a mental disorder impeding choice, to watch a [...] act, contrary to section 33 of the [...] Offences Act 2003

Inducement, threat or deception

  • Inducement, threat or deception to procure [...] activity with a person with a mental disorder, contrary to section 34 of the [...] Offences Act 2003
  • Causing a person with a mental disorder to engage in or agree to engage in [...] activity by inducement, threat or deception, contrary to section 35 of the [...] Offences Act 2003
  • Engaging in [...] activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder, contrary to section 36 of the [...] Offences Act 2003
  • Causing a person with a mental disorder to watch a [...] act by inducement, threat or deception, contrary to section 37 of the [...] Offences Act 2003

Offences by care workers

  • Care workers: [...] activity with a person with a mental disorder, contrary to section 38 of the [...] Offences Act 2003
  • Care workers: causing or inciting [...] activity, contrary to section 39 of the [...] Offences Act 2003
  • Care workers: [...] activity in the presence of a person with a mental disorder, contrary to section 40 of the [...] Offences Act 2003
  • Care workers: causing a person with a mental disorder to watch a [...] act, contrary to section 41 of the [...] Offences Act 2003

Child prostitution and [...]

  • Paying for [...] services of a child, contrary to section 47 of the [...] Offences Act 2003
  • Causing or inciting child prostitution or [...], contrary to section 48 of the [...] Offences Act 2003
  • Controlling a child prostitute or a child involved in [...], contrary to section 49 of the [...] Offences Act 2003
  • Arranging or facilitating child prostitution or [...], contrary to section 50 of the [...] Offences Act 2003

Indecent photographs

  • Offences relating to indecent photographs of children, contrary to section 1 of the Protection of Children Act 1978
  • Possession of indecent photograph of child, contrary to section 160 of the Criminal Justice Act 1988

[...]

  • Possession of extreme pornographic images, contrary to section 63 of the Criminal Justice and Immigration Act 2008
  • An offence under section 170 of the Customs and Excise Management Act 1979, in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (39 & 40 Vict. c. 36), is a specified [...] offence.

Prostitution

Soliciting

  • Loitering or soliciting for purposes of prostitution, contrary to section 1 of the Street Offences Act 1959
  • Soliciting, contrary to section 51A of the [...] Offences Act 2003, as inserted by section 19 of the Policing and Crime Act 2009

Pimping

  • Causing or inciting prostitution for gain, contrary to section 52 of the [...] Offences Act 2003
  • Controlling prostitution for gain, contrary to section 53 of the [...] Offences Act 2003

Forcible prostitution

  • Paying for [...] services of a prostitute subjected to force etc., contrary to section 53A of the [...] Offences Act 2003, as inserted by section 14 of the Policing and Crime Act 2009

Brothels

  • Keeping a brothel, contrary to section 33 of the [...] Offences Act 1956
  • Keeping a brothel used for prostitution, contrary to section 33A of the [...] Offences Act 1956
  • Landlord letting premises for use as brothel, contrary to section 34 of the [...] Offences Act 1956
  • Tenant permitting premises to be used as brothel, contrary to section 35 of the [...] Offences Act 1956
  • Tenant permitting premises to be used for prostitution, contrary to section 36 of the [...] Offences Act 1956

[...] trafficking

  • Trafficking into the UK for [...] exploitation, contrary to section 57 of the [...] Offences Act 2003
  • Trafficking within the UK for [...] exploitation, contrary to section 58 of the [...] Offences Act 2003
  • Trafficking out of the UK for [...] exploitation, contrary to section 59 of the [...] Offences Act 2003
  • An offence under section 2 of the Modern Slavery Act 2015, committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act, is a specified [...] offence.

Preparatory offences

  • Administering a substance with intent, contrary to section 61 of the [...] Offences Act 2003
  • Committing an offence with intent to commit a [...] offence, contrary to section 62 of the [...] Offences Act 2003
  • Trespass with intent to commit a [...] offence, contrary to section 63 of the [...] Offences Act 2003

[...] with an adult relative

  • [...] with an adult relative: penetration, contrary to section 64 of the [...] Offences Act 2003
  • [...] with an adult relative: consenting to penetration, contrary to section 65 of the [...] Offences Act 2003

Exposure

  • Exposure, contrary to section 66 of the [...] Offences Act 2003

Voyeurism

  • Voyeurism, contrary to section 67 of the [...] Offences Act 2003
  • Offences under section 67A of the [...] Offences Act 2003, as inserted by section 1(2) of the Voyeurism (Offences) Act 2019

Bestiality

  • Intercourse with an animal, contrary to section 69 of the [...] Offences Act 2003

Necrophilia

  • [...] penetration of a corpse, contrary to section 70 of the [...] Offences Act 2003

[...] activity in a public lavatory

  • [...] activity in a public lavatory, contrary to section 71 of the [...] Offences Act 2003

Abolished offences

See History of English criminal law#[...] Offences

See also

  • [...] offences in the United Kingdom

References

  • Rook and Ward on [...] Offences. Third Edition. Sweet & Maxwell. 2007. Fourth EDition. 2010. Supplement. 2014.
  • Richard Card, Alisdair A Gillespie and Michael Hirst. [...] Offences. Jordans. 2008.
  • Richardson and Clark: [...] Offences: A Practitioner's Guide. Bloomsbury Professional. 2014. Google
  • Patricia Lees and Eleanor Laws. The [...] Offences Referencer. Second Edition. Oxford University Press. 2014.
  • Felicity Gerry, Catarina Sjölin and Lyndon Harris. [...] Offences Handbook: Law, Practice and Procedure. Second Edition. Wildy, Simmonds & Hill Publishing. 2014.
  • Richard Card. [...] Offences: The New Law. Jordans. 2004. Google
  • Jeffrey Lamb. [...] Offences. Tottel Publishing. 2003. Google
  • "[...] Offences". Archbold Criminal Pleading, Evidence and Practice 2014. Sweet & Maxwell. Thomson Reuters. Chapter 20. Page 2041 et seq.
  • Hooper and Ormerod. "[...] Offences". Blackstone's Criminal Practice 2012. Oxford University Press. 2011. Section B3. Page 292 et seq.
  • Stone's Justices Manual.
  • "[...] Offences". Archbold Magistrates' Courts Criminal Practice 2015. Sweet & Maxwell. Thomson Reuters. 2014. Chapter 14. Page 847 et seq.
  • Anthony Edwards. "[...] Offences". Blackstone's Magistrates' Court Handbook 2021. Eighth Edition. Oxford University Press. 2021. Section C14. Page 409 et seq.
  • "[...] Offences". Halsbury's Laws of England. Fifth Edition. LexisNexis. 2008. Volume 25. Volume 26. Page 174 et seq.
  • David Ormerod and Karl Laird. Smith and Hogan's Criminal Law. Fourteenth Edition. Oxford University Press. 2015. Chapter 18. Page 817 et seq.
  • Richard Card and Jill Molloy. "[...] Offences". Card, Cross & Jones Criminal Law. Twenty-second Edition. Oxford University Press. 2016. Chapter 9. Page 317 et seq.
  • C M V Clarkson. "[...] Offences". Understanding Criminal Law. Fourth Edition. Sweet & Maxwell. London. 2005. Chapter. Section 3. Page 192 et seq.
  • Michael J Allen and Ian Edwards. "[...] Offences". Criminal Law. Sixteenth Edition. Oxford University Press. 2021. Chapter 11. Page 468 et seq.
  • Jonathan Herring. "[...] Offences". Criminal Law: Text, Cases, and Materials. Ninth Edition. Oxford University Press. 2020. Chapter 7. Page 419 et seq.
  • Janet Loveless, Mischa Allen and Caroline Derry. "[...] Offences". Complete Criminal Law: Text, Cases, and Materials. Seventh Edition. Oxford University Press. Chapter 11. Page 515 et seq.
  • Nicola Padfield. "[...] Offences". Criminal Law. Tenth Edition. Oxford University Press. 2016. Chapter 10. Page 286 et seq.
  • J J Child, A P Simester, J R Spencer, F Stark and G J Virgo. "The Principal [...] Offences". Simester and Sullivan's Criminal Law: Theory and Doctrine. Eighth Edition. Hart Publishing. 2022. Chapter 12. Page 537 et seq.
  • Jeremy Horder. Ashworth's Principles of Criminal Law. Ninth Edition. Oxford University Press. 2019. Chapters 9.4 to 9.8. Page 342 to 376. See particularly p 344 et seq.

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