scholarly journals The Penetrative Offence in Section 4 of the Sexual Offences Act 2003: Offenders, Victims, and Outcomes After Detection

2020 ◽  
Vol 60 (4) ◽  
pp. 930-948
Author(s):  
Siobhan Weare
Keyword(s):  
Sexual Activity ◽  
The Other ◽  
Freedom Of Information ◽  
Sexual Offences ◽  
England And Wales ◽  
National Statistics ◽  
Sexual Offences Act 2003 ◽  
Information Requests ◽  
Police Forces

Abstract Extensive research exists in relation to the Sexual Offences Act 2003, in particular, rape and assault by penetration, the two most serious offences involving non-consensual sexual penetration of the victim. However, the other penetrative offence, causing a person to engage in (penetrative) sexual activity without consent, found in section 4 of the Act, has, to date, been excluded from national statistics and research. This article analyses novel data relating to the section 4 penetrative offence, collected using freedom of information requests from 37 police forces in England and Wales over a 13-year period. The data explore victim and offender demographics and outcomes after detection. The findings challenge understandings around who the victims and perpetrators of penetrative sexual offences are.

17. Sexual offences

2021 ◽  
pp. 786-860
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Sexual Assault ◽  
Mental Disorder ◽  
Sexual Activity ◽  
Sexual Offences ◽  
England And Wales ◽  
The Law ◽  
Sexual Offences Act 2003

The Sexual Offences Act 2003 (SOA 2003) represents the most comprehensive and radical overhaul of the law relating to sexual offences ever undertaken in England and Wales. This chapter deals with non-consensual sexual offences; namely, rape, assault by penetration, sexual assault and intentionally causing someone to engage in sexual activity. It also examines sexual offences against children below 13 years of age, sexual offences against children aged 13 to 16, causing a child to watch a sexual act, arranging or facilitating the commission of a child sex offence, meeting a child following sexual grooming, etc. Finally, the chapter explores offences of abuse of trust, family offences, offences involving mental disorder and other sexual offences such as those surrounding prostitution, pornography and taking indecent photographs of children.

17. Sexual offences

2018 ◽  
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Sexual Assault ◽  
Mental Disorder ◽  
Sexual Activity ◽  
Sexual Offences ◽  
England And Wales ◽  
The Law ◽  
Sexual Offences Act 2003

The Sexual Offences Act 2003 (SOA 2003) represents the most comprehensive and radical overhaul of the law relating to sexual offences ever undertaken in England and Wales. This chapter deals with non-consensual sexual offences; namely, rape, assault by penetration, sexual assault, and intentionally causing someone to engage in sexual activity. It also examines sexual offences against children below thirteen years of age, sexual offences against children aged thirteen to sixteen, causing a child to watch a sexual act, arranging or facilitating commission of a child sex offence, and meeting a child following sexual grooming, etc. Finally, the chapter explores offences of abuse of trust, family offences, offences involving mental disorder and other sexual offences such as those surrounding prostitution, pornography, and taking indecent photographs of children.

Causing or inciting sexual activity with persons who have a mental disorder

2021 ◽  
Vol 30 (21) ◽  
pp. 1258-1259
Author(s):  
Richard Griffith
Keyword(s):  
Mental Disorder ◽  
Sexual Activity ◽  
Health Law ◽  
Sexual Offences ◽  
Senior Lecturer ◽  
Care Workers ◽  
Appeal Decision ◽  
Sexual Offences Act 2003 ◽  
Court Of Appeal

Richard Griffith, Senior Lecturer in Health Law at Swansea University, discusses the implications of a Court of Appeal decision that considers the scope of the Sexual Offences Act 2003, section 39, in relation to care workers

scholarly journals ‘No Means No’, But Where's the Force? Addressing the Challenges of Formally Recognising Non-violent Sexual Coercion as a Serious Criminal Offence

2014 ◽  
Vol 78 (4) ◽  
pp. 309-325 ◽  
Author(s):  
Susan Leahy
Keyword(s):  
Sexual Activity ◽  
Sexual Coercion ◽  
Job Loss ◽  
Physical Injury ◽  
Adverse Consequence ◽  
Criminal Offence ◽  
Sexual Offences ◽  
Sexual Offences Act 2003

Although it is no longer necessary to show that force was used in order to prove that sexual activity was non-consensual, it remains difficult to prove that rape has occurred where the complainant has been threatened with an adverse consequence other than physical injury. Although, in principle, any threat (e.g. that of job loss or revelation of a secret) is sufficient to vitiate consent to sexual activity, in practice it remains difficult to prove that a criminal wrong has occurred in such cases. This article argues that this gap between principle and practice is the result of the vague approach to sexual coercion in the Sexual Offences Act 2003, along with a continuing societal preoccupation with force as a requirement for ‘real rape’. In light of these difficulties, it is argued that consideration should be given to introducing a specific offence of obtaining sex by threats to ensure that non-violent sexual coercion is recognised as criminal harm.

scholarly journals Ten years on

2015 ◽  
Vol 79 (1) ◽  
pp. 20-35 ◽  
Author(s):  
Catarina Sjölin
Keyword(s):  
Sexual Offences ◽  
England And Wales ◽  
The Law ◽  
Sexual Offences Act 2003

As the clock ticked over from 30 April to 1 May 2004 the Sexual Offences Act 20031 came into force and the Sexual Offences Act 19562 was repealed, fundamentally changing the law on sexual offences in England and Wales. Perhaps the most major changes were in respect of consent. This article examines the changes the Act made to three aspects of consent: the provision of a statutory definition, the effect of deception of C on the validity of C’s consent and the role of D’s belief in C’s consent. To this end the article considers the pre-SOA 2003 law on consent, the impetus and proposals for reform, the Act and how it has been implemented by the courts, and finally how the Act could be improved to provide greater clarity substantively and procedurally to achieve the aims which lay behind the reform of consent in the first place.

scholarly journals Possessing Extreme Pornography: Policing, Prosecutions and the Need for Reform

2019 ◽  
Vol 83 (6) ◽  
pp. 473-488 ◽  
Author(s):  
Clare McGlynn ◽  
Hannah Bows
Keyword(s):  
Subject Matter ◽  
Age Groups ◽  
White Men ◽  
Freedom Of Information ◽  
Sexual Offences ◽  
Common Basis ◽  
New Information ◽  
Considerable Controversy ◽  
The Subject ◽  
Information Requests

The law criminalising the possession of extreme pornography, first enacted in 2008 and amended to include rape pornography in 2015, continues to generate considerable controversy and calls for reform. In order to inform these ongoing discussions, we undertook a study to find out information about who is being charged with extreme pornography offences and their characteristics in terms of gender, age and ethnicity, as well as data on the specific type of pornography forming the subject-matter of those charges. Utilising freedom of information requests, our study provides valuable new information to help inform debates over the policing of extreme pornography across England and Wales. Overall, we found that the vast majority of those charged were white men across all age groups; that bestiality images formed the most common basis for charging and that, in respect of the data provided, the majority of charges were brought together with other sexual offences.

scholarly journals Reporting sexual violence on mental health wards

2018 ◽  
Vol 20 (2) ◽  
pp. 93-100 ◽  
Author(s):  
Marian Foley ◽  
Ian Cummins
Keyword(s):  
Mental Health ◽  
Sexual Assault ◽  
Sexual Violence ◽  
National Level ◽  
Freedom Of Information ◽  
Sexual Offences ◽  
Data Set ◽  
Content Type ◽  
Specific Category ◽  
Police Forces

Purpose The purpose of this paper is to report the findings of a scoping study that explored the extent of recorded sexual violence perpetrated on inpatients on mental health (MH) units. Design/methodology/approach A Freedom of Information Act (FOI) request was sent to 45 police forces. The FOI asked for the number of recorded offences of rape and sexual assault by penetration for the five years 2010-2015. Following the responses from the police, a similar FOI request was sent to MH trusts. Findings There were significant variations in the way that both police forces and MH trusts approached the recording of this information. Research limitations/implications The research highlights variation and inadequacy of current recording practices in relation to sexual offences committed against inpatients on MH units. Practical implications There needs to be more consistent systems of recording of allegations of sexual assault and responses to them by agencies. In the trust recording of these incidents, it is recommended that a specific category of sexual violence is created. On a national level, the Office for National Statistics should produce a national data set that records the number of rapes that are committed in MH inpatient units. Originality/value This paper highlights the “gap” of information in relation to recorded rape and may indicate that complainants with a history of mental illness are less likely to have their allegation recorded as a crime.

8. Sexual offences

2019 ◽  
pp. 280-332
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Sexual Assault ◽  
Sexual Activity ◽  
Legal Reform ◽  
Sexual Offences ◽  
Physical Autonomy ◽  
Sexual Offences Act 2003

This chapter deals with sexual offences which criminalise the accused’s invasion of the victim’s sexual—as opposed to simply physical—autonomy. Sexual offences are almost entirely codified within a single statute, the Sexual Offences Act 2003 (SOA 2003). The chapter first considers the relevant provisions of the SOA 2003 with respect to rape, assault by penetration, sexual assault, and causing a person to engage in sexual activity without consent. It then turns to sexual offences against children under 13 and children under 16, as well as status-based and relationship-based sexual offences. The final sections of the chapter outline potential options for legal reform and the application of the offences within the SOA 2003 to problem facts. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.

6. Sexual offences

2020 ◽  
pp. 68-80
Author(s):  
Jonathan Herring
Keyword(s):  
Sexual Assault ◽  
Sexual Activity ◽  
Mens Rea ◽  
Sexual Offences ◽  
Essential Information ◽  
Actus Reus ◽  
Sexual Offences Act 2003

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses sexual offences, including rape, assault by penetration, sexual assault, and causing sexual activity. Sexual offences are all governed by the Sexual Offences Act 2003. The meaning of consent is key because lack of consent is an element of the actus reus, and the belief about consent is an element of the mens rea. Where the victim is aged 13 or younger, consent is irrelevant and liability as to age is strict.

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