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week 10
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Lecture notes of 5 pages for the course Criminal Law at UoW (sexual offences)
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Sexual Offences Part 2Why are children treated differently
Children under 13 vs Children 13-16
Offences against children under the age of 13 are strict liability offences – a child under 13’s consent is irrelevant to
these offences
There is no defence, even if the defendant reasonably believed that the victim was over 13
If the victim is between 13 and 16, there is a defence if the defendant reasonably believes that the victim is over the age
of 16
What if the defendant is a child?
Sections 9-12 apply to offenders aged over 18
HOWEVER – s13 includes child defendants – “A person under 18 commits an offence if he does anything which would be
an offence under any of sections 9 to 12 if he were aged 18.”
Sections 5-8 Mirror Earlier Offences
S5 - Rape of a child under 13
(1) A person commits an offence if—
(a)he intentionally penetrates the vagina, anus or mouth of another person with his penis, and
(b)the other person is under 13.
(2)A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.
S6 - Assault of a child under 13 by penetration
(1)A person commits an offence if—
(a)he intentionally penetrates the vagina or anus of another person with a part of his body or anything else,
(b)the penetration is sexual, and
(c)the other person is under 13.
(2)A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.
S7 - Assault of a child under 13
(1)A person commits an offence if—
(a)he intentionally touches another person,
(b)the touching is sexual, and
(c)the other person is under 13.
(2)A person guilty of an offence under this section is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory
maximum or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.
S8 - Causing or inciting a child under 13 to engage in sexual activity
(1)A person commits an offence if—
(a)he intentionally causes or incites another person (B) to engage in an activity,
(b)the activity is sexual, and
(c)B is under 13.
(2)A person guilty of an offence under this section, if the activity caused or incited involved—
(a)penetration of B’s anus or vagina,
(b)penetration of B’s mouth with a person’s penis,
(c)penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or
(d)penetration of a person’s mouth with B’s penis,
, is liable, on conviction on indictment, to imprisonment for life.
(3)Unless subsection (2) applies, a person guilty of an offence under this section is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory
maximum or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.
Can you see the similarities between ss1-3 and 5-8
S9 - Sexual activity with a child
(1)A person aged 18 or over (A) commits an offence if—
(a)he intentionally touches another person (B),
(b)the touching is sexual, and
(c)either—
(i)B is under 16 and A does not reasonably believe that B is 16 or over, or
(ii)B is under 13.
(2)A person guilty of an offence under this section, if the touching involved—
(a)penetration of B’s anus or vagina with a part of A’s body or anything else,
(b)penetration of B’s mouth with A’s penis,
(c)penetration of A’s anus or vagina with a part of B’s body, or
(d)penetration of A’s mouth with B’s penis,
is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.
(3)Unless subsection (2) applies, a person guilty of an offence under this section is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory
maximum or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.
S10 - Causing or inciting a child to engage in sexual activity
(1)A person aged 18 or over (A) commits an offence if—
(a)he intentionally causes or incites another person (B) to engage in an activity,
(b)the activity is sexual, and
(c)either—
(i)B is under 16 and A does not reasonably believe that B is 16 or over, or
(ii)B is under 13.
(2)A person guilty of an offence under this section, if the activity caused or incited involved—
(a)penetration of B’s anus or vagina,
(b)penetration of B’s mouth with a person’s penis,
(c)penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or
(d)penetration of a person’s mouth with B’s penis,
is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.
(3)Unless subsection (2) applies, a person guilty of an offence under this section is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory
maximum or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.
S11 - Engaging in sexual activity in the presence of a child
(1)A person aged 18 or over (A) commits an offence if—
(a)he intentionally engages in an activity,
(b)the activity is sexual,
(c)for the purpose of obtaining sexual gratification, he engages in it—
(i)when another person (B) is present or is in a place from which A can be observed, and
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