lOMoARcPSD|805298
Lecture notes, lecture semester 1 - Sexual offences lecture
handout
Criminal Law (University of Leicester)
StuDocu is not sponsored or endorsed by any college or university
Downloaded by Shrina Sokhi ()
, lOMoARcPSD|805298
LEICESTER LAW SCHOOL
Criminal Law
SEXUAL OFFENCES
Dr Anna Carline
Downloaded by Shrina Sokhi ()
, lOMoARcPSD|805298
1. INTRODUCTION
Basic assumptions that should govern the law (Home Office 2000: para 6.5.2):
Any application of the criminal law must be fair, necessary and proportionate;
the criminal law should not discriminate unnecessarily between men and women nor
between those of different sexual orientation;
the law should not intrude on consensual sexual behaviour between those over the age of
consent without good cause;
those who coerce, force or deceive anyone into sexual activity are criminally culpable;
any coercion, force or deception towards a child or vulnerable person is particularly
serious;
those who induce or encourage children or other vulnerable people to participate in, or
be exposed to, sexual behaviour are criminally culpable;
the age of consent must not be lower than 16; (Home Office 2000: para 1.3.2).
The criminal law is not an arbiter of private morality but an expression of what is needed
to protect society as a whole.
The role of the criminal law is not to criminalise activity because certain sections of
society disapprove of it, but to define what society as a whole is not prepared to tolerate.
Such a concept of the criminal law does not condone or advocate any particular form of
sexual behaviour, but is based on principles of preventing harm and promoting public
good (Home Office 2000: para 6.2.4).
We do not think that the criminal law should treat consensual same sex or heterosexual
sex differently. The key issue is consent: the law clearly should apply where there is none.
very concerned with harm – about liberalism & morality shouldn’t play a part in the
development of sex offences. however when start to go through Sexual Offences Act we
can challenge that and a lot more morality in the Act in particular in relation to children.
However:
‘An unprecedented extension of the criminal law into the intimate areas of socio-sexual
life and the justification of that intervention is something more than harm prevention
alone’ (Munro 2007: 7).
Sexual Offences Act 2003:
s1: Rape
s2: Assault by Penetration
s3: Sexual Assault
s4: Causing a person to engage in sexual activity without consent
ss 5-8: Rape and other offences against a child under the age of 13
ss 9-15: Child Sex Offences
ss 16-24: Abuse of a Position of Trust
ss 25-29: Familial Sexual Offences
ss 30-44 Sexual offences against the mentally disordered
ss 45-51: Child pornography and Child prostitution
ss 52-60: Prostitution and Trafficking
ss 61-63: Preparatory Offences
ss 64-65: Sex with an adult relative
ss 66-71: Other offences: Exposure; Voyeurism; Intercourse with an animal; Sexual
penetration of a corpse; Sexual activity in a public lavatory
1
Downloaded by Shrina Sokhi ()
Lecture notes, lecture semester 1 - Sexual offences lecture
handout
Criminal Law (University of Leicester)
StuDocu is not sponsored or endorsed by any college or university
Downloaded by Shrina Sokhi ()
, lOMoARcPSD|805298
LEICESTER LAW SCHOOL
Criminal Law
SEXUAL OFFENCES
Dr Anna Carline
Downloaded by Shrina Sokhi ()
, lOMoARcPSD|805298
1. INTRODUCTION
Basic assumptions that should govern the law (Home Office 2000: para 6.5.2):
Any application of the criminal law must be fair, necessary and proportionate;
the criminal law should not discriminate unnecessarily between men and women nor
between those of different sexual orientation;
the law should not intrude on consensual sexual behaviour between those over the age of
consent without good cause;
those who coerce, force or deceive anyone into sexual activity are criminally culpable;
any coercion, force or deception towards a child or vulnerable person is particularly
serious;
those who induce or encourage children or other vulnerable people to participate in, or
be exposed to, sexual behaviour are criminally culpable;
the age of consent must not be lower than 16; (Home Office 2000: para 1.3.2).
The criminal law is not an arbiter of private morality but an expression of what is needed
to protect society as a whole.
The role of the criminal law is not to criminalise activity because certain sections of
society disapprove of it, but to define what society as a whole is not prepared to tolerate.
Such a concept of the criminal law does not condone or advocate any particular form of
sexual behaviour, but is based on principles of preventing harm and promoting public
good (Home Office 2000: para 6.2.4).
We do not think that the criminal law should treat consensual same sex or heterosexual
sex differently. The key issue is consent: the law clearly should apply where there is none.
very concerned with harm – about liberalism & morality shouldn’t play a part in the
development of sex offences. however when start to go through Sexual Offences Act we
can challenge that and a lot more morality in the Act in particular in relation to children.
However:
‘An unprecedented extension of the criminal law into the intimate areas of socio-sexual
life and the justification of that intervention is something more than harm prevention
alone’ (Munro 2007: 7).
Sexual Offences Act 2003:
s1: Rape
s2: Assault by Penetration
s3: Sexual Assault
s4: Causing a person to engage in sexual activity without consent
ss 5-8: Rape and other offences against a child under the age of 13
ss 9-15: Child Sex Offences
ss 16-24: Abuse of a Position of Trust
ss 25-29: Familial Sexual Offences
ss 30-44 Sexual offences against the mentally disordered
ss 45-51: Child pornography and Child prostitution
ss 52-60: Prostitution and Trafficking
ss 61-63: Preparatory Offences
ss 64-65: Sex with an adult relative
ss 66-71: Other offences: Exposure; Voyeurism; Intercourse with an animal; Sexual
penetration of a corpse; Sexual activity in a public lavatory
1
Downloaded by Shrina Sokhi ()
