Blackstone's Guide to the Sexual Offences Act 2003

by Stevenson, Kim; Davies, Anne; Gunn, Michael

• ISBN13: 9780199270002
• ISBN10: 0199270007
• Format: Paperback
• Copyright: 2004-06-03
• Publisher: Blackstone Press

Summary

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.

Author Biography

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 Contents

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