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Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 10 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes
Sexual Offences Act 2003
2003 CHAPTER 42
PART 1
SEXUAL OFFENCES
Rape 1 Rape (1) A person (A) commits an offence if— (a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, (b) B does not consent to the penetration, and (c) A does not reasonably believe that B consents. (2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents. (3) Sections 75 and 76 apply to an offence under this section. (4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life. Assault 2 Assault by penetration (1) A person (A) commits an offence if— (a) he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else, (b) the penetration is sexual, (c) B does not consent to the penetration, and (d) A does not reasonably believe that B consents.
Part 1 – Sexual Offences Document Generated: 2022-06- Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 10 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents. (3) Sections 75 and 76 apply to an offence under this section. (4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life. 3 Sexual assault (1) A person (A) commits an offence if— (a) he intentionally touches another person (B), (b) the touching is sexual, (c) B does not consent to the touching, and (d) A does not reasonably believe that B consents. (2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents. (3) Sections 75 and 76 apply to an offence under this section. (4) 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 10 years. Causing sexual activity without consent 4 Causing a person to engage in sexual activity without consent (1) A person (A) commits an offence if— (a) he intentionally causes another person (B) to engage in an activity, (b) the activity is sexual, (c) B does not consent to engaging in the activity, and (d) A does not reasonably believe that B consents. (2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents. (3) Sections 75 and 76 apply to an offence under this section. (4) A person guilty of an offence under this section, if the activity caused 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. (5) Unless subsection (4) applies, a person guilty of an offence under this section is liable—
Part 1 – Sexual Offences Document Generated: 2022-06- Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 10 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (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. Child sex offences 9 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. 10 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.
Part 1 – Sexual Offences Document Generated: 2022-06- 5 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 10 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (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. 11 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 (ii) knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it, and (d) 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 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 10 years. 12 Causing a child to watch a sexual act (1) A person aged 18 or over (A) commits an offence if— (a) for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging 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 is liable—
Part 1 – Sexual Offences Document Generated: 2022-06- 7 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 10 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes [F2 (a) A has met or communicated with another person (B) [F3 on one or more occasions ] and subsequently— (i) A intentionally meets B, (ii) A travels with the intention of meeting B in any part of the world or arranges to meet B in any part of the world, or (iii) B travels with the intention of meeting A in any part of the world, (b) A intends to do anything to or in respect of B, during or after the meeting mentioned in paragraph (a)(i) to (iii) and in any part of the world, which if done will involve the commission by A of a relevant offence, ] (c) B is under 16, and (d) A does not reasonably believe that B is 16 or over. (2) In subsection (1)— (a) the reference to A having met or communicated with B is a reference to A having met B in any part of the world or having communicated with B by any means from, to or in any part of the world; (b) “relevant offence” means— (i) an offence under this Part, (ii) F................................ (iii) anything done outside England and Wales F5... which is not an offence within sub-paragraph (i) F5... but would be an offence within sub-paragraph (i) if done in England and Wales. (3) F................................ (4) 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 10 years. ] Textual Amendments F1 S. 15 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(a), Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2 F2 S. 15(1)(a)(b) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 73, 153(7), Sch. 15 para. 1 ; S.I. 2008/1586, art. 2 , Sch. 1 para. 35 (subject to Sch. 2) F3 Words in s. 15(1)(a) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 36(1) , 95(1) (with s. 36(2)); S.I. 2015/778, art. 3, Sch. 1 para. 30 F4 S. 15(2)(b)(ii) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 4(2) ; S.I. 2008/510, art. 2 F5 Words in s. 15(2)(b)(iii) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 4(3) ; S.I. 2008/510, art. 2 F6 S. 15(3) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 4(4) ; S.I. 2008/510, art. 2 [F715A Sexual communication with a child (1) A person aged 18 or over (A) commits an offence if—
Part 1 – Sexual Offences Document Generated: 2022-06- Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 10 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) for the purpose of obtaining sexual gratification, A intentionally communicates with another person (B), (b) the communication is sexual or is intended to encourage B to make (whether to A or to another) a communication that is sexual, and (c) B is under 16 and A does not reasonably believe that B is 16 or over. (2) For the purposes of this section, a communication is sexual if— (a) any part of it relates to sexual activity, or (b) a reasonable person would, in all the circumstances but regardless of any person's purpose, consider any part of the communication to be sexual; and in paragraph (a) “sexual activity” means an activity that a reasonable person would, in all the circumstances but regardless of any person's purpose, consider to be sexual. (3) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years. ] Textual Amendments F7 S. 15A inserted (E.W.) (3.4.2017) by Serious Crime Act 2015 (c. 9), ss. 67 , 88(1) (with s. 86(14)(15)); S.I. 2017/451, reg. 2 Abuse of position of trust 16 Abuse of position of trust: sexual activity with a child [F8 (1) A person aged 18 or over (A) commits an offence if— (a) he intentionally touches another person (B), (b) the touching is sexual, (c) A is in a position of trust in relation to B, (d) where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and (e) either— (i) B is under 18 and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. (2) This subsection applies where A— (a) is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and (b) is not in such a position of trust by virtue of other circumstances. (3) Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.
Part 1 – Sexual Offences Document Generated: 2022-06- Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 10 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances. (5) 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 5 years. ] Textual Amendments F9 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2 18 Abuse of position of trust: sexual activity in the presence of a child [F10 (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 (ii) knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it, (d) A is in a position of trust in relation to B, (e) where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and (f) either— (i) B is under 18 and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. (2) This subsection applies where A— (a) is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and (b) is not in such a position of trust by virtue of other circumstances. (3) Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it. (4) Where in proceedings for an offence under this section— (a) it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and (b) it is not proved that he was in such a position of trust by virtue of other circumstances,
Part 1 – Sexual Offences Document Generated: 2022-06- 11 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 10 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances. (5) 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 5 years. ] Textual Amendments F10 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2 19 Abuse of position of trust: causing a child to watch a sexual act [F11 (1) A person aged 18 or over (A) commits an offence if— (a) for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity, (b) the activity is sexual, (c) A is in a position of trust in relation to B, (d) where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and (e) either— (i) B is under 18 and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. (2) This subsection applies where A— (a) is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and (b) is not in such a position of trust by virtue of other circumstances. (3) Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it. (4) Where in proceedings for an offence under this section— (a) it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 21(2), (3), (4) or (5), and (b) it is not proved that he was in such a position of trust by virtue of other circumstances, it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances.
Part 1 – Sexual Offences Document Generated: 2022-06- 13 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 10 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (a) a hospital, (b) [F21 in Wales, ] an independent clinic, (c) a care home, F ... (d) a community home, voluntary home or children’s home, [F23 or ] (e) a home provided under section 82(5) of the Children Act 1989, F ... F25 (f)................................ [F26 (g) a place in Wales at which a care home service is provided, ] [F27 (h) premises in Wales at which a secure accommodation service is provided, ] and B is accommodated and cared for in that institution. (5) This subsection applies if A looks after persons under 18 who are receiving education at an educational institution and B is receiving, and A is not receiving, education at that institution. F28 (6)................................ (7) This subsection applies if A is engaged in the provision of services under, or pursuant to anything done under— (a) sections 8 to 10 of the Employment and Training Act 1973 (c. 50), or [F29 (b) section 68, 70(1)(b) or 74 of the Education and Skills Act 2008, ] and, in that capacity, looks after B on an individual basis. (8) This subsection applies if A regularly has unsupervised contact with B (whether face to face or by any other means)— (a) in the exercise of functions of a local authority under section 20 or 21 of the Children Act 1989 (c. 41) [F30 or section 76 or 77 of the Social Services and Well-being (Wales) Act 2014 ] , F ... F31 (b)................................ (9) This subsection applies if A, as a person who is to report to the court under section 7 of the Children Act 1989 F32 ... on matters relating to the welfare of B, regularly has unsupervised contact with B (whether face to face or by any other means). (10) This subsection applies if A is a personal adviser appointed for B under— (a) section 23B(2) of, or paragraph 19C of Schedule 2 to, the Children Act 1989, F33 ... [F34 or ] [F35 (aa) section 106(1) of the Social Services and Well-being (Wales) Act 2014 in respect of category 1 or 2 young persons within the meaning of that Act, ] F33 (b)................................ and, in that capacity, looks after B on an individual basis. (11) This subsection applies if— (a) B is subject to a care order, a supervision order or an education supervision order, and (b) in the exercise of functions conferred by virtue of the order on an authorised person or the authority designated by the order, A looks after B on an individual basis. (12) This subsection applies if A— (a) is an officer of the Service [F36 or Welsh family proceedings officer (within the meaning given by section 35 of the Children Act 2004) ] appointed for B under section 41(1) of the Children Act 1989,
Part 1 – Sexual Offences Document Generated: 2022-06- Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 10 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) is appointed a children’s guardian of B under rule 6 or rule 18 of the Adoption Rules 1984 (S.I. 1984/265), F ... (c) is appointed to be the guardian ad litem of B under rule 9.5 of the Family Proceedings Rules 1991 (S. I. 1991/1247) F38 ..., [F39 or ] [F40 (d) is appointed to be the children’s guardian of B under rule 59 of the Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795) or rule 16.3(1)(ii) or rule 16.4 of the Family Procedure Rules 2010 (S.I. 2010/2955), ] and, in that capacity, regularly has unsupervised contact with B (whether face to face or by any other means). (13) This subsection applies if— (a) B is subject to requirements imposed by or under an enactment on his release from detention for a criminal offence, or is subject to requirements imposed by a court order made in criminal proceedings, and (b) A looks after B on an individual basis in pursuance of the requirements. ] Textual Amendments F15 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2 F16 Words in s. 21(3)(a) substituted (E.W.) (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44(4), Sch. 1 para. 15 ; S.I. 2010/2981, art. 4(a) ; S.I. 2016/452, art. 2(b) F17 Words in s. 21(3)(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 202(a) F18 Words in s. 21(3)(a) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(2)(a) ; S.R. 2008/510, art. 2 F19 Words in s. 21(3)(b) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 202(b) F20 Words in s. 21(3)(b) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(2)(b) ; S.R. 2008/510, art. 2 F21 Words in s. 21(4)(b) inserted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(2) F22 Words in s. 21(4)(c) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(3)(a) ; S.R. 2008/510, art. 2 F23 Word in s. 21(4)(d) inserted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(3)(b) ; S.R. 2008/510, art. 2 F24 Word in s. 21(4)(e) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(3)(c) ; S.R. 2008/510, art. 2 F25 S. 21(4)(f) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(3)(d) ; S.R. 2008/510, art. 2 F26 S. 21(4)(g) and word inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1) , 21 F27 S. 21(4)(h) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 24 F28 S. 21(6) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(4) ; S.R. 2008/510, art. 2 F29 S. 21(7)(b) substituted (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 169(1), 173(4), Sch. 1 para. 81 ; S.I. 2008/3077, art. 4(g) F30 Words in s. 21(8)(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 202(c)
Part 1 – Sexual Offences Document Generated: 2022-06- Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 10 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes “children’s home” has— (a) in relation to England F46 ..., the meaning given by section 1 of the Care Standards Act 2000; F... (b) F................................ “community home” has [F48 , in relation to England ] the meaning given by section 53 of the Children Act 1989; “education supervision order” has— (a) in relation to England and Wales, the meaning given by section 36 of the Children Act 1989; F... (b) F................................ [F50 “hospital” means— (a) a hospital as defined by section 275 of the National Health Service Act 2006, or section 206 of the National Health Service (Wales) Act 2006; or (b) any other establishment— (i) in England, in which any of the services listed in subsection (6) are provided; and (ii) in Wales, which is a hospital within the meaning given by section 2(3) of the Care Standards Act 2000; ] “independent clinic” has— (a) F51... the meaning given by section 2 of the Care Standards Act 2000; (b) F................................ F................................ F................................ F................................ [F54 “secure accommodation service” has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016; ] “supervision order” has— (a) in relation to England and Wales, the meaning given by section 31(11) of the Children Act 1989 (c. 41); F... (b) F................................ “voluntary home” has— (a) in relation to England F56... , the meaning given by section 60(3) of the Children Act 1989. F... (b) F................................ [F58 (6) The services referred to in paragraph (b)(i) of the definition of “hospital” are as follows— (a) medical treatment under anaesthesia or intravenously administered sedation; (b) dental treatment under general anaesthesia; (c) obstetric services and, in connection with childbirth, medical services; (d) termination of pregnancies; (e) cosmetic surgery, other than— (i) ear and body piercing; (ii) tattooing; (iii) the subcutaneous injection of a substance or substances into the skin for cosmetic purposes; or
Part 1 – Sexual Offences Document Generated: 2022-06- 17 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 10 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (iv) the removal of hair roots or small blemishes on the skin by the application of heat using an electric current. ]] Textual Amendments F41 Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2 F42 S. 22(5): paragraph (b) of the definition of "authority" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(a) ; S.R. 2008/510, art. 2 F43 Words in s. 22(5) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1) , 22(a) F44 Words in s. 22(5) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1) , 22(b) F45 S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "care order" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(b) ; S.R. 2008/510, art. 2 F46 Words in s. 22(5) omitted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1) , 22(c) F47 S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "children's home" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(c) ; S.R. 2008/510, art. 2 F48 Words in s. 22(5) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1) , 22(d) F49 S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "education supervision order" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(d) ; S.R. 2008/510, art. 2 F50 S. 22(5): definition of "hospital" substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(3)(a)(i) F51 S. 22(5): words in definition of "independent clinic" omitted (1.10.2010) by virtue of The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(3)(a)(ii) F52 S. 22(5): paragraph (b) of the definition of "independent clinic" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(f) ; S.R. 2008/510, art. 2 F53 S. 22(5): definitions of "private hospital", "residential care home" and "residential family centre" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(g) ; S.R. 2008/510, art. 2 F54 Words in s. 22(5) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 25 F55 S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "supervision order" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(h) ; S.R. 2008/510, art. 2 F56 Words in s. 22(5) omitted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1) , 22(e) F57 S. 22(5): paragraph (b) and word in paragraph (a) of the definition of "voluntary home" omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 7(i) ; S.R. 2008/510, art. 2 F58 S. 22(6) added (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/81), art. 13(3)(b) 23 Sections 16 to 19: [F59exception for spouses and civil partners]
Part 1 – Sexual Offences Document Generated: 2022-06- 19 Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 10 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (ii) B is under 13. (2) Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it. (3) Where in proceedings for an offence under this section it is proved that the relation of the defendant to the other person was of a description falling within section 27, it is to be taken that the defendant knew or could reasonably have been expected to know that his relation to the other person was of that description unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that it was. (4) A person guilty of an offence under this section, if aged 18 or over at the time of the offence, is liable— (a) where subsection (6) applies, on conviction on indictment to imprisonment for a term not exceeding 14 years; (b) in any other case— (i) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (ii) on conviction on indictment, to imprisonment for a term not exceeding 14 years. (5) Unless subsection (4) 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 a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years. (6) This subsection applies where 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. 26 Inciting a child family member to engage in sexual activity (1) A person (A) commits an offence if— (a) he intentionally incites another person (B) to touch, or allow himself to be touched by, A, (b) the touching is sexual, (c) the relation of A to B is within section 27, (d) A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and (e) either— (i) B is under 18 and A does not reasonably believe that B is 18 or over, or (ii) B is under 13. (2) Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that
Part 1 – Sexual Offences Document Generated: 2022-06- Changes to legislation: Sexual Offences Act 2003 is up to date with all changes known to be in force on or before 10 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it. (3) Where in proceedings for an offence under this section it is proved that the relation of the defendant to the other person was of a description falling within section 27, it is to be taken that the defendant knew or could reasonably have been expected to know that his relation to the other person was of that description unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that it was. (4) A person guilty of an offence under this section, if he was aged 18 or over at the time of the offence, is liable— (a) where subsection (6) applies, on conviction on indictment to imprisonment for a term not exceeding 14 years; (b) in any other case— (i) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; (ii) on conviction on indictment, to imprisonment for a term not exceeding 14 years. (5) Unless subsection (4) 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 a fine not exceeding the statutory maximum or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years. (6) This subsection applies where the touching to which the incitement related 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. 27 Family relationships (1) The relation of one person (A) to another (B) is within this section if— (a) it is within any of subsections (2) to (4), or (b) it would be within one of those subsections but for [F64 section 39 of the Adoption Act 1976 or ] section 67 of the Adoption and Children Act 2002 (c. 38) (status conferred by adoption). (2) The relation of A to B is within this subsection if— (a) one of them is the other’s parent, grandparent, brother, sister, half-brother, half-sister, aunt or uncle, or (b) A is or has been B’s foster parent. (3) The relation of A to B is within this subsection if A and B live or have lived in the same household, or A is or has been regularly involved in caring for, training, supervising or being in sole charge of B, and— (a) one of them is or has been the other’s step-parent, (b) A and B are cousins, (c) one of them is or has been the other’s stepbrother or stepsister, or
