Can Touching Always Be Sexual When There is No Sexual Intent?

2008 ◽  
Vol 72 (3) ◽  
pp. 251-258
Author(s):  
Ilias Bantekas
Keyword(s):  
Sexual Assault ◽  
Strict Liability ◽  
Objective Test ◽  
Sexual Character ◽  
Sexual Offences ◽  
Sexual Intent ◽  
Sexual Offences Act 2003

The objective test introduced by the Sexual Offences Act 2003 as to the sexual nature of the touching that constitutes sexual assault can lead to injustices, particularly where the defendant exposed the victim to nudity without intending—or being reckless-that his or her act assume a sexual character. To hold otherwise is tantamount to imposing strict liability, which was not intended by Parliament. The courts must assess each case on its merits and differentiate all those cases involving an element of moral involuntariness from those that do not. Equally, the courts should, where appropriate, permit the defence of necessity where the defendant did not intend, but was not negligent, as to the sexual nature of his act.

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.

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.

8. Rape and other sexual offences

2021 ◽  
pp. 291-343
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

2018 ◽  
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.

8. Sexual offences

2017 ◽  
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 on the accused’s invasion of the victim’s sexual—as opposed to simply physical—autonomy. Sexual offences are now almost entirely codified within a single modern 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.

The Rape of a Label Why it Would Be Wrong to Follow Canada in Having a Single Offence of Unlawful Sexual Assault

2004 ◽  
Vol 68 (6) ◽  
pp. 533-543
Author(s):  
Damian Warburton
Keyword(s):  
Sexual Assault ◽  
Date Rape ◽  
Social Stigma ◽  
Burden Of Proof ◽  
Sexual Offences ◽  
Legal Term ◽  
The Social ◽  
Rape Trials ◽  
Sexual Offences Act 2003 ◽  
The Uk

With the enactment of the Sexual Offences Act 2003, the UK has just had its biggest shake-up of the existing law on sexual offences. Rape has been widened to include oral sex, a new offence of assault by penetration has been created, and what was indecent assault has been renamed sexual assault. Twenty-one years ago the Canadians did away altogether with the legal term of rape and created an all-encompassing offence of sexual assault. While the UK is experiencing an all-time low in securing convictions for rape, this article asks what can be done to reverse this. Could doing away with the label of rape make it easier to obtain a conviction in rape trials? Perhaps reversing the burden of proof, or tightening up the requirements for obtaining consent, or tackling the biggest new phenomenon in sexual offences, date rape, is the way forward. What we call something may not seem all that important, but this article aims to show that the social stigma attached to the word rape is as important as the sentence itself.

scholarly journals When Misconduct in Public Office is Really a Sexual Offence

2017 ◽  
Vol 81 (4) ◽  
pp. 292-302
Author(s):  
Catarina Sjölin ◽  
Helen Edwards
Keyword(s):  
Policy Development ◽  
Sexual Offending ◽  
Common Law ◽  
Sexual Misconduct ◽  
Sexual Offence ◽  
Sexual Offences ◽  
Public Office ◽  
Varied Range ◽  
The Common ◽  
Sexual Offences Act 2003

Misconduct in Public Office (MiPO) covers a wide and varied range of conduct. Beyond the defendant’s public office, there is no unifying conduct or result. A conviction for MiPO could represent putting pressure on a council official to move the route of a proposed road, or a police officer abusing his/her position for sexual gain. Sexual misconduct prosecuted as MiPO falls outside the usual regime for prosecuting and sentencing sexual offences, both obscuring the conduct by the label of MiPO and avoiding sexual offence specific consequences. To examine what kind of sexual offending MiPO has been covering, we analysed newspaper reports and appellate decisions since 2002. This enabled us to identify the conduct MiPO was being used to cover at charge, plea and conviction (or acquittal) stages. We found a significant amount of sexual misconduct being prosecuted as MiPO. We then analysed the sexual conduct to determine the “wrongs” involved, identifying particular categories. This enabled us to propose a new sexual offence (based on the Sexual Offences Act 2003 offences that are not founded on lack of consent), which marks the sexual wrong and enables a focus on the defendant’s abuse of position rather than the victim’s vulnerability. This article outlines the basis for our proposal to the Law Commission for reform of the common law offence of MiPO (as our second response to their consultations). Currently at the stage of Policy Development, the Commission aims to publish its report later this year.

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

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