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UK Law in Sedition, Obscenity and Blasphemy
Perverting the Course of Justice
Prosecution For Assaulting a Police Officer
Security Guards for Shoplifting
Removal of Art From Public Place
Obtaining Property By Deception
Being Drunk as a Criminal Defence
Sexual Offences and Age of Consent
Electronic Communications Offences
Unauthorised Access to Computer Material
Unauthorised Modification of Computer Programs Data
Fraud In Information Communication Technology
There are various sexual offences which are criminal under the laws of England and Wales which are governed by the Sexual Offences Act 2003.
The act defines the following as sexual offences:
Rape
Assault by Penetration
Sexual Assault
Inciting Sexual Activity without consent
Under the 2003 Act if a male is found to have penetrated the vagina of a female or the anus or mouth of a female or another male with this penis without their consent.
The maximum penalty for someone found guilty of this offence is life imprisonment.
Under the 2003 Act it is now an offence for either a male or a female to penetrate the vagina of a female or the anus of a male or female without that person giving their consent. For this offence to occur the penetration can come from a body part, a finger being an example of this, but is also extended to include penetration from another object for sexual intent. An example of this second category would be a bottle, mobile telephone etc.
There is often an indeterminable prison sentence for this offence with it often depending on the nature of the case.
Under Section 3 of the 2003 Act it is an offence for any male or female to touch another male or female in a sexual manner with intention without that person giving their prior consent.
The maximum sentence for someone found guilty of sexual assault will be ten years imprisonment.
Under the 2003 Act it is an offence to cause or encourage another person to engage in sexual activity without his or her consent.
The length of the sentence in this case depends on whether the sexual activity included penetration or not. If the activity did include penetration then the offence will be treated along the lines of rape and the maximum penalty could be life imprisonment. If the sexual activity involved no penetration the offence will be treated along the lines of sexual assault and carry and maximum prison sentence of ten years.
All the above sexual offences centre around consent. In broad terms this means whether the individual involved agreed to or provided permission for the sexual activity to take place. This can often be express or implied and the accused will have to show that he or she reasonably believed that consent was given for the sexual act to take place.
The age of consent is the age whereby an individual can partake in consensual sexual activity with another individual. It is set at 16 regardless of whether the individual is partaking in heterosexual, homosexual or bisexual acts.
The Law is designed to protect the rights and interests of young people who are not yet old enough to make a choice about engaging in sexual activity and specifically to focus on those individuals who apply pressure and attempt to force young people to engage in sexual activity.
Under the Sexual Offences Act 2003 the law does not have the intention of prosecuting young people who engage in sexual activity with other young people unless the case involves some form of exploitation or abuse.
Under the 2003 Act all young people including those under 13 will have the right to confidential advice concerning such issues as condom’s, contraception, pregnancy and abortion.
Under the Sexual Offences (Amendment) Act 2000 there were a variety of positions of trust offences set out which have subsequently been re-enacted by the Sexual Offences Act 2003.
The position of trust offences are in place to try to protect children over the age of 16, who despite being over the age of consent have the potential to be vulnerable to sexual abuse by people in positions or trust.
A position of trust is a position or occupation that often has power or authority over a child’s life and in some cases an influence on the future of that child.
Under the act the following are said to be positions of trust:
Individuals working in Young Offenders Institutions
Individuals working in hospitals
Individuals working in Educational Institutions
Individuals acting as legal guardians
The abuse of trust offences under the Sexual Offences Act 2003 occur when a child under 18 is involved whereas for member of the general public who are not in these positions of trusts the offences will occur when the child is under 16.
Sexual Activity with a child – this includes any kind of sexual touching
Causing or inciting a child to engage in sexual activity
Engaging in sexual activity in the presence of a child
Causing a child to watch a sexual act
In the case where the individual is married to the young person or they were in a relationship before the position of trust arose then they will not be included within the position of trust offences.
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