The Sexual Offences Act 2003

2021 ◽  
pp. 55-72
Author(s):  
Terry Thomas ◽  
Daniel J. Marshall
Keyword(s):  
Sexual Offences ◽  
Sexual Offences Act 2003

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

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.

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.

Sexual Offences Act 2003

2015 ◽  
pp. 157-178
Author(s):  
Kate Cook ◽  
Mark James ◽  
Richard Lee
Keyword(s):  
Sexual Offences ◽  
Sexual Offences Act 2003

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 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.

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