Blackstone's Guide to the Sexual Offences Act

The Sexual Offences Act will be a significant and far-reaching piece of legislation which codifys and revises the existing legislation relating to sexual activities. A considerable number of new crimes will be introduced or redefined, along with the criminalization of certain types of conductnot previously covered by legislation. This book provides a full, clear analysis of the Act, and covers in detail issues such as rape, child sexual abuse, adults with mental disorders and learning disabilities, sex offenders, and recent developments in the law of evidence. Includes a full copy ofthe Act.

Dr Kim Stevenson is a Senior Lecturer in Law in the Department of Legal Studies at Nottingham Trent University, and Joint Director of SOLON (Interdisciplinary Studies in Bad Behaviour and Socially Visible Crime). Previously she served as a Police Sergeant with the Nottinghamshire Constabulary and was also a Police Training Instructor delivery specialist courses on sexual offences. Anne Davies is a Principal Lecturer in Law in the Department of Academic Legal Studies at Nottingham Trent University. She is also a qualified solicitor. Professor Michael Gunn in Head of the Department of Academic Legal Studies and an Associate Dean at Nottingham Law School, Nottingham Trent University. He is also a co-author of Blackstone's Criminal Practice, and numerous other texts including a guide to the law in relation to sexual relationships and people with learning disabilities.

TABLE OF CASES

xiii

TABLES OF LEGISLATION

xvii

LIST OF ABBREVIATIONS

xxiv

1. INTRODUCTION

1

(8)

1.1 Overview

1

(1)

1.2 Factors precipitating review

2

(1)

1.3 Who conducted the Review?

3

(1)

1.4 Setting the Boundaries

3

(1)

1.5 Impact and effect

4

(5)

2. THE ISSUE OF CONSENT

9

(22)

2.1 Introduction

9

(1)

2.2 The law prior to the Act

10

(1)

2.3 The definition of consent

11

(6)

2.4 Consent and the presumptions

17

(5)

2.5 Belief in consent

22

(6)

2.6 Procedural change as a result of the substantive law change

28

(3)

3. SEXUAL VIOLATION: RAPE AND SEXUAL ASSAULT

31

(22)

3.1 Introduction

31

(2)

3.2 Rape

33

(6)

3.3 Assault by penetration

39

(3)

3.4 Sexual assault

42

(6)

3.5 Causing sexual activity without consent

48

(3)

3.6 Alternative verdicts

51

(1)

3.7 Conclusion

52

(1)

4. CHILD SEX OFFENCES

53

(24)

4.1 Introduction

53

(1)

4.2 Statutory rape and other offences against children under 13

54

(7)

4.3 Child sex offences

61

(12)

4.4 Offences outside the United Kingdom

73

(1)

4.5 Exceptions to aiding and abetting

73

(1)

4.6 Sentencing trends

74

(1)

4.7 Conclusion

75

(2)

5. ABUSE OF POSITION OF TRUST

77

(10)

5.1 Introduction

77

(2)

5.2 Definition of position of trust

79

(2)

5.3 Knowledge of position of trust

81

(1)

5.4 Substantive offences

82

(2)

5.5 Defences

84

(1)

5.6 Sentencing

85

(1)

5.7 Disqualification orders

85

(1)

5.8 Conclusion

86

(1)

6. PEOPLE WITH A MENTAL DISORDER

87

(14)

6.1 Introduction

87

(3)

6.2 Offences against people with a mental disorder impeding choice

90

(4)

6.3 Securing agreement by a person with a mental disorder to sexual activity by inducement, deception, or threat

94

(1)

6.4 The care worker offences

95

(5)

6.5 Conclusion

100

(1)

7. FAMILIAL SEXUAL OFFENCES

101

(12)

7.1 Introduction

101

(1)

7.2 Existing provisions

102

(1)

7.3 Offences relating to children

103

(6)

7.4 Offences relating to adults

109

(3)

7.5 Conclusion

112

(1)

8. SEXUAL EXPLOITATION: CHILD PORNOGRAPHY, TRAFFICKING, AND PROSTITUTION

113

(18)

8.1 Introduction

113

(1)

8.2 Indecent photographs of children

113

(7)

8.3 Abuse of children through prostitution and pornography

120

(5)

8.4 Offences relating to adult prostitution

125

(3)

8.5 Trafficking for sexual exploitation

128

(2)

8.6 Conclusion

130

(1)

9. PREPARATORY AND OTHER SEXUAL OFFENCES

131

(16)

9.1 Introduction

131

(1)

9.2 Preparatory offences

131

(5)

9.3 Other offences

136

(10)

9.4 Conclusion

146

(1)

10. EVIDENTIAL PROVISIONS

147

(12)

10.1 Introduction

147

(1)

10.2 Competency to give evidence

148

(1)

10.3 Special measures

148

(5)

10.4 Cross-examination by the accused

153

(1)

10.5 Cross-examination on previous sexual history

154

(2)

10.6 Corroboration

156

(1)

10.7 Inferences and presumptions

156

(2)

10.8 Conclusion

158

(1)

11. SEX OFFENDERS: NOTIFICATION REQUIREMENTS

159

(16)

11.1 Introduction

159

(1)

11.2 Relevant offenders

160

(3)

11.3 Notification period

163

(2)

11.4 Notification requirements

165

(4)

11.5 Notification orders

169

(2)

11.6 Disclosure of information

171

(2)

11.7 Conclusion

173

(2)

12. SEX OFFENDER ORDERS

175

(16)

12.1 Introduction

175

(1)

12.2 Legal status and standard of proof

176

(1)

12.3 Sex Offences Prevention Orders

177

(6)

12.4 Risk of Sexual Harm Orders

183

(3)

12.5 Enforcement and breach

186

(2)

12.6 Variations and appeals

188

(1)

12.7 Conclusion

189

(2)

13. CONCLUSION

191

(2)

APPENDIX 1 Sexual Offences Act 2003

193

(112)

APPENDIX 2 Table of Changes

305

(6)

APPENDIX 3 Official Publications and Responses

311

(2)

INDEX

313

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Blackstone's Guide to the Sexual Offences Act 2003

Summary

Author Biography

Table of Contents

Supplemental Materials