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over from 30 April to 1 May 2004 the Sexual Offences Act 20031 came into force and the Sexual Offences Act 19562 was repealed, fundamentally changing the law on sexual offences in England and Wales.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.

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.

10 London

2014 ◽  
Author(s):  
Jagusch Stephen ◽  
Triantafilou Epaminontas E
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Court Decisions ◽  
England And Wales ◽  
Recognition And Enforcement ◽  
English Law ◽  
The Law ◽  
Key Aspects ◽  
Laws And Regulations

This chapter summarizes the key aspects of the English legal system with respect to the role of courts in arbitrations seated in England and Wales. First, it highlights the key provisions of relevant English legislation, mainly of the English Arbitration Act of 1996 and the principal court decisions arising under that legislation. Second, it describes the manner in which English law as the law of the seat affects the role of English courts in the course of three discrete stages: before the award, after the award, and during recognition and enforcement. In the process and where necessary, it addresses and ultimately rejects recently articulated concerns questioning the supremacy of England and Wales as an arbitration seat. The chapter concludes that England and Wales possesses a comprehensive and clearly articulated legal framework governing arbitration, and a sophisticated, impartial judiciary with ample experience in complex arbitral disputes and the collateral issues they raise under both English law and foreign laws and regulations. The jurisdiction is distinctly arbitration-friendly, with a keen understanding of the benefits arbitration aims to confer on parties, and the policy considerations such benefits entail.

scholarly journals Alcohol-Related Rape Cases: Barristers' Perspectives on the Sexual Offences Act 2003 and its Impact on Practice

2010 ◽  
Vol 74 (6) ◽  
pp. 579-600 ◽  
Author(s):  
Clare Gunby ◽  
Anna Carline ◽  
Caryl Beynon
Keyword(s):  
Qualitative Study ◽  
Alcohol Intoxication ◽  
Sexual Offences ◽  
The Law ◽  
Sexual Offences Act 2003 ◽  
Definition Of

This article discusses the findings of a qualitative study which interviewed 14 barristers about the law-in-action reality of rape cases involving alcohol intoxication. The study aimed to identify how a number of provisions introduced by the Sexual Offences Act 2003 were perceived by barristers, worked in practice and their overall impact in terms of improving the law of rape and specifically, alcohol-involved rape. The article focuses on barristers' opinions relating to the definition of consent as contained in s. 74; the ‘consent presumptions’, with specific emphasis on s. 75(2)(f); the jurors' perceived response to jury directions and definitions; and barristers' opinions on the need for future reforms in this area. It is argued that certain provisions introduced by the 2003 Act are not always utilised in a way that was intended, have been interpreted and applied narrowly and, in a number of instances, fail to assist the jury.

15. Police powers, public order, and terrorism

2021 ◽  
pp. 212-224
Author(s):  
Colin Faragher
Keyword(s):  
Public Order ◽  
Public Place ◽  
Essential Information ◽  
England And Wales ◽  
Police Powers ◽  
Codes Of Practice ◽  
Reasonable Suspicion ◽  
The Law

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 the law on police powers. These include the role of the police, the organization of the police in England and Wales, police areas, the powers and functions of Police and Crime Commissioners, the Mayor’s Office for Policing and crime in London, the Police and Criminal Evidence Act 1984 and its Codes of Practice, which contain rules concerning police powers of stop, search, entry, seizure of property, arrest, detention, and treatment of suspects; the meanings of reasonable suspicion and public place, and information which must be given on arrest.

A nurse prescriber's guide to the Sexual Offences Act 2003

2007 ◽  
Vol 5 (11) ◽  
pp. 507-511
Author(s):  
Richard Griffith
Keyword(s):  
Sexual Health ◽  
Hormonal Contraception ◽  
Sexual Offences ◽  
Sexual Crimes ◽  
Sexually Transmitted ◽  
Department Of Health ◽  
Health Strategy ◽  
The Law ◽  
Sexual Offences Act 2003 ◽  
Urinary Problems

The Sexual Health Strategy ( Department of Health, 2001 ) has encouraged the use of nurse prescribers in the provision of contraceptive and sexual health services, ranging from simple hormonal contraception to enhanced genito-urinary problems such as the treatment of serious sexually transmitted infections and HIV. To fulfil their role effectively, nurse prescribers in sexual health must be aware of the law relating to this sensitive area. In the first of a series of articles, Richard Griffith outlines the provisions of the Sexual Offences Act 2003 that modernizes the law in relation to sexual crimes. This first article covers sexual health and the law, and provides nurse prescribers with a guide to the Sexual Offences Act 2003.

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.

scholarly journals The Concept of Consent under the Sexual Offences Act 2003

2008 ◽  
Vol 72 (6) ◽  
pp. 519-536 ◽  
Author(s):  
Jesse Elvin
Keyword(s):  
Sexual Offences ◽  
Legislative Reform ◽  
Satisfactory Level ◽  
The Law ◽  
Sexual Offences Act 2003 ◽  
Court Of Appeal

This article examines the provisions relating to consent under the Sexual Offences Act 2003. It considers whether the law in this area now possesses a satisfactory level of clarity following a number of recent Court of Appeal decisions, and concludes that there may be a need for further legislative reform in this respect.

11. Sexual offences

2020 ◽  
pp. 310-355
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Sexual Offences ◽  
Core Elements ◽  
The Law ◽  
Sexual Offences Act 2003

This chapter examines the law governing sexual offences found in the Sexual Offences Act 2003, focusing on non-consensual offences. Some of the controversies examined include the following: Parliament’s failure to define core elements of the offences, such as ‘consent’ and ‘sexual’ and the attempts by the courts to fill these lacunae; whether a deception perpetrated by the defendant necessarily vitiates the complainant’s consent; and the overly wide breadth of some of the offences.

scholarly journals Offenses of Sex or Violence? Consent, Fraud, and HIV Transmission

2014 ◽  
Vol 17 (1) ◽  
pp. 135-161 ◽  
Author(s):  
Sharon Cowan
Keyword(s):  
Birth Control ◽  
Criminal Law ◽  
Hiv Transmission ◽  
Criminal Responsibility ◽  
Sexual Transmission ◽  
Sexual Assaults ◽  
England And Wales ◽  
The Law ◽  
Sexual Transmission Of Hiv

Given the current criminalization trend, the motivating question of this article is whether or not sexual transmission of HIV, without specific consent to the risk of such transmission, should be categorized as an assault or a sexual assault, and what difference that (re)categorization might make. In the argument that follows, the criminalization discourses in Canada and England and Wales that underpin and permeate the debates over HIV transmission will be explored. These jurisdictions have been chosen as examples of two regimes, at almost opposite ends of the criminalization spectrum, in which recent changes have set new benchmarks for criminal responsibility. One (England and Wales) has set rather narrow limits on the criminal law, whilst the other (Canada) has set far broader parameters, and lately has begun to include other sorts of cases (such as deception about the absence of birth control) as analogous to the HIV cases, drawing the boundaries of the criminal law even more widely. Beginning with a brief description of the law in each jurisdiction, this article analyzes the gendered and (hetero)normative role of consent in HIV nondisclosure offenses. Through a comparison with the law on sadomasochism, the article questions whether such offenses are rightly categorized as assaults or as sexual assaults. Following a critical engagement with the reasoning in recent Canadian jurisprudence in the area, the article will conclude by addressing the question of how future HIV transmission cases should be tackled. It is argued that in the absence of a policy that precludes criminalization of nondisclosure, the position in England and Wales is to be preferred.

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