Sexual offences in the United Kingdom

Rape

Types

* Acquaintance rape
* Campus rape
* Child sexual abuse
* Corrective rape
* LGBT victims
* Cybersex trafficking
* Drug-facilitated rape
* Date rape
* Gang rape
* Genocidal rape
* Gray rape
* Live streaming rape
* Marital rape
* Prison rape
* Rape chant
* Serial rape
* Sexual abuse
* Sexual assault
* Statutory rape
* Unacknowledged rape
* Rape by deception

Effects and motivations

* Effects and aftermath
* Factors involved
* Pregnancy from rape
* Rape crisis movement
* Rape trauma syndrome
* Causes
* Post-assault treatment of sexual assault victims
* Weinstein effect
* Secondary victimisation
* Sociobiological theories
* Rape culture

By country

* Afghanistan
* Belgium
* China
* Democratic Republic of the Congo
* Egypt
* Finland
* France
* Germany
* India
* Pakistan
* Papua New Guinea
* Philippines
* Saudi Arabia
* South Africa
* Sweden
* United Kingdom
* United States

During conflicts

* Armenian genocide
* World War II
* Eastern Front
* Italian campaign
* Imperial Japan
* Occupation of Germany / Japan / Poland / Manchuria
* Liberation of France / Serbia
* Kashmir conflict
* Algerian War
* Vietnam War
* Sri Lankan civil war
* Bangladesh Liberation War
* Sierra Leone Civil War
* Bosnian War
* Rwandan genocide
* Congo Wars
* Darfur genocide
* ISIL
* Syrian civil war
* Tigray war
* Russian invasion of Ukraine
* Gaza war
* By Israel
* By Palestinians

Laws

* Marital rape laws by country
* Marry-your-rapist law
* Rape shield law
* False accusation of rape
* Rape investigation
* Rape kit
* Sexual consent in law
* In Islamic law

See also

* Anti-rape movement
* Bodily integrity
* Date rape drug
* Sexual violence statistics
* History of rape
* Military sexual trauma
* Preventive measures
* Rape by gender
* Rape of males
* Anti-rape device
* Rape crisis centre
* Rape myth
* Rape pornography
* Rape and revenge films
* Rape fantasy
* Rape schedule
* Rape statistics
* Rape threat
* Sex and the law
* Sex trafficking
* Sexual harassment
* Sexual predator
* Sexual trauma therapy
* Sexual violence

* Law portal
*  Category

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There are a number of sexual offences under the law of England and Wales, the law of Scotland, and the law of Northern Ireland (which function as three separate systems for this purpose).

Eurostat rapes reported to police in UK 2008–2015

## Rape

[edit]

Rape has the same statutory definition for all three jurisdictions. Each jurisdiction has its own case law on the interpretation of that legislation. The statutory definition is:

> If a person ("A"), with A's penis – penetrates to any extent, without (1) another person ("B") consenting, and (2) without any reasonable belief that B consents, either intending to do so or reckless as to whether there is penetration, the vagina, anus or mouth of B then – A commits an offence, to be known as the offence of rape.[1][2][3]

It is therefore only legally possible for a cisgender woman to be guilty of rape if they assist a male assailant in an attack on a third party. Otherwise, a female can be charged with assault by penetration or causing sexual activity without consent, both of which carry similar sentences to rape.[4] The age of consent in all three legal jurisdictions in the United Kingdom is set at 16, a person under 16 years of age is deemed legally incapable of consenting to sexual activity by law. With regard to legal definitions, the law defines sexual activity with underage teenagers (aged 13-15) under the crime of 'sexual activity with a child' - when a child is under 13, the definition in question is automatically shifted to rape, irrespective of context.[5]

Of women aged 16 to 59 in England & Wales interviewed for the 2006/07 British Crime Survey, 0.5% (1 in every 200) reported that they had suffered rape or attempted rape in the previous year, equating to approximately 85,000 nationally. In the same year, less than 800 persons were convicted of rape.[6][7]

## England and Wales

[edit]

Main article: Sexual offences in English law

In England and Wales, there are non-consensual offences of rape, assault by penetration, sexual assault, and sexual activity without consent.[8] There are a number of sexual offences against children under 13,[9] against children under 16,[10] and against child family members.[11] There are a number of sexual offences of abuse of position of trust.[12] There are a number of sexual offences against persons with a mental disorder impeding choice,[13] and of using inducement, threat or deception against person with a mental disorder.[14] There are a number of sexual offences that consist of conduct by care workers against persons with a mental disorder.[15] There is an offence of paying for sexual services of a child,[16] a number of offences relating to child prostitution or pornography,[17] and number of offences relating to indecent photographs of children.[18] There is an offence of extreme pornography.[19] There are offences of loitering or soliciting for purposes of prostitution,[20] and causing, inciting or controlling prostitution for gain.[21] There is an offence of paying for sexual services of a prostitute subjected to force.[22] There are a number of offences relating to brothels and premises used for prostitution.[23] There are a number of offences of trafficking for sexual exploitation,[24] a number of sexual preparatory offences,[25] and a number of offences of sex with an adult relative.[26] There are offences of exposure, voyeurism, bestiality, necrophilia and sexual activity in a public lavatory.[27]

There are notification requirements for sexual offenders.[28] There are powers to impose notification orders, sexual harm prevention orders and sexual risk orders on sexual offenders.[29] There are powers of entry and search against the homes of sexual offenders.[30]

There is statutory provision for the anonymity of victims of sexual offences.[31]

## Northern Ireland

[edit]

Main article: Sexual offences in Northern Ireland law

In Northern Ireland, there are offences of rape, assault by penetration, sexual assault and sexual activity without consent.[32] There are a number of sexual offences against children under 13,[33] against children under 16,[34] and against child family members.[35] There are a number of sexual offences of abuse of position of trust.[36] There is an offence of paying for sexual services of a child,[37] a number of offences relating to child prostitution or pornography,[38] and number of offences relating to indecent photographs of children.[39] There are a number of sexual offences against persons with a mental disorder impeding choice,[40] and of using inducement, threat or deception against person with a mental disorder.[41] There are a number of sexual offences that consist of conduct by care workers against persons with a mental disorder.[42] There is an offence of extreme pornography.[43] There are offences of loitering or soliciting for purposes of prostitution, kerb-crawling and persistent soliciting,[44] There are a number of offences of causing, inciting or controlling prostitution for gain,[45] and there is an offence of keeping a brothel used for prostitution.[46] There is an offence of paying for sexual services of a person.[47] There are a number of sexual preparatory offences,[48] and a number of offences of sex with an adult relative.[49] There are offences of exposure, voyeurism, bestiality, necrophilia and sexual activity in a public lavatory.[50]

## Scotland

[edit]

Main article: Sexual offences in Scots law

In Scotland, there are offences of rape, sexual assault by penetration, sexual assault, sexual coercion, coercing a person into being present during a sexual activity, coercing a person into looking at a sexual image, communicating indecently, sexual exposure, voyeurism, and administering a substance for sexual purposes,[51] and there is a sexual offence of unlawful detention.[52] There are offences of incest and intercourse with step-child.[53] There is a sexual offence of procuring.[54] There are a number of sexual offences against young children,[55] and against older children.[56] There is a sexual offence of meeting a child,[57] and there are a number of offences of sexual abuse of trust.[58] There are a number of offences relating to the sexual services of children and child pornography,[59] and there are a number of offences relating to indecent photographs of children.[60] There are a number of offences relating to the prostitution or seduction of, and premises used for intercourse by, girls under 16.[61] There are offences of trading in prostitution and brothel-keeping, allowing children to be in brothels, and living on earnings of another from male prostitution.[62] There are a number of offences of soliciting, importuning or loitering for the purpose of prostitution.[63] There is an offence of extreme pornography.[64]

There is statutory provision in relation to procedure and evidence on trials for sexual offences,[65] and pardons and disregards for sodomy offences.[66]

## See also

[edit]

* Age of consent reform in the United Kingdom
* Crime in the United Kingdom
* Law of the United Kingdom
* Rape statistics

## References

[edit]

* Rook and Ward on Sexual Offences. Third Edition. Sweet & Maxwell. 2007. Fourth Edition. 2010. Supplement. 2014.
* Richard Card, Alisdair A Gillespie and Michael Hirst. Sexual Offences. Jordans. 2008.
* Richardson and Clark: Sexual Offences: A Practitioner's Guide. Bloomsbury Professional. 2014. Google
* Patricia Lees and Eleanor Laws. The Sexual Offences Referencer. Second Edition. Oxford University Press. 2014.
* Felicity Gerry, Catarina Sjölin and Lyndon Harris. Sexual Offences Handbook: Law, Practice and Procedure. Second Edition. Wildy, Simmonds & Hill Publishing. 2014.
* Richard Card. Sexual Offences: The New Law. Jordans. 2004. Google
* Jeffrey Lamb. Sexual Offences. Tottel Publishing. 2003. Google
* "Sexual Offences". Archbold Criminal Pleading, Evidence and Practice 2014. Sweet & Maxwell. Thomson Reuters. Chapter 20. Page 2041 et seq.
* Hooper and Ormerod. "Sexual Offences". Blackstone's Criminal Practice 2012. Oxford University Press. 2011. Section B3. Page 292 et seq.
* Stone's Justices Manual.
* David Ormerod and Karl Laird. Smith and Hogan's Criminal Law. Fourteenth Edition. Oxford University Press. 2015. Chapter 18. Page 817 et seq.
* "Sexual Offences". Halsbury's Laws of England. Fifth Edition. LexisNexis. 2008. Volume 25. Volume 26. Page 174 et seq.
* James Chalmers. The New Law of Sexual Offences in Scotland. (Gordon's Criminal Law, supplement 1 to vol 2). W Green. 2010.
* Andrew M Cubie. "Sexual Offences". Scots Criminal Law. Fourth Edition. Bloomsbury Professional. 2016. Chapter 11. Page 175 et seq.
* Gerald H Gordon. "Sexual Offences". The Criminal Law of Scotland. Second Edition. 1978. Part 5. Chapters 33 to 36.
* Stair Memorial Encyclopedia.

1. ^ "Sexual Offences Act 2003 c. 42 Part 1 Section 1". The National Archives. 2003. Retrieved 20 November 2015.
2. ^ "Sexual Offences (Scotland) Act 2009 Section 1". The National Archives. 2009. Retrieved 20 November 2015.
3. ^ "The Sexual Offences (Northern Ireland) Order 2008 No. 1769 (N.I. 2) PART 2". The National Archives. 2008. Retrieved 20 November 2015.
4. ^ "Rape and Sexual Offences - Chapter 7: Key Legislation and Offences". Crown Prosecution Service.
5. ^ "Blog: is the law on rape sexist?". blmsolicitors.co.uk. Bastian Lloyd Morris LLP solicitor advocates. 9 March 2014. Retrieved 20 November 2015.
6. ^ Povey, David; Coleman, Kathryn; Kaiza, Peter; Hoare, Jacqueline; Jansson, Krista (2008). Homicides, firearm offences and intimate violence 2006/07 (supplementary volume 2 to crime in England and Wales 2006/07). London: Office for National Statistics. ISBN 9781847265753. Pdf.
7. ^ Easton, Mark (9 July 2008). "Rape: a complex crime". London: BBC. Retrieved 20 November 2015.
8. ^ The Sexual Offences Act 2003, ss 1 to 4
9. ^ The Sexual Offences Act 2003, ss 5 to 8
10. ^ The Sexual Offences Act 2003, ss 9 to 15A
11. ^ The Sexual Offences Act 2003, ss 25 and 26
12. ^ The Sexual Offences Act 2003, ss 16 to 19
13. ^ The Sexual Offences Act 2003, ss 30 to 33
14. ^ The Sexual Offences Act 2003, ss 34 to 37
15. ^ The Sexual Offences Act 2003, ss 38 to 41
16. ^ The Sexual Offences Act 2003, s 47
17. ^ The Sexual Offences Act 2003, ss 48 to 50
18. ^ The Protection of Children Act 1978, s 1; the Criminal Justice Act 1988, s 160
19. ^ The Criminal Justice and Immigration Act 2008, s 63
20. ^ The Street Offences Act 1959, s 1; the Sexual Offences Act 2003, s 51A
21. ^ The Sexual Offences Act 2003, ss 52 and 53
22. ^ The Sexual Offences Act 2003, s 53A
23. ^ The Sexual Offences Act 1956, ss 33 to 36
24. ^ The Sexual Offences Act 2003, ss 57 to 59
25. ^ The Sexual Offences Act 2003, ss 61 to 63
26. ^ The Sexual Offences Act 2003, ss 64 and 65
27. ^ The Sexual Offences Act 2003, ss 66, 67 and 69 to 71
28. ^ The Sexual Offences Act 2003, ss 80 to 92
29. ^ The Sexual Offences Act 2003, ss 97 to 103, 103A to 103K and 122A to 122K
30. ^ The Sexual Offences Act 2003, s 96B
31. ^ The Sexual Offences (Amendment) Act 1992
32. ^ The Sexual Offences (Northern Ireland) Order 2008, arts 5 to 8
33. ^ The Sexual Offences (Northern Ireland) Order 2008, arts 12 to 15
34. ^ The Sexual Offences (Northern Ireland) Order 2008, arts 16 to 22A
35. ^ The Sexual Offences (Northern Ireland) Order 2008, arts 32 and 33
36. ^ The Sexual Offences (Northern Ireland) Order 2008, arts 23 to 26
37. ^ The Sexual Offences (Northern Ireland) Order 2008, art 37
38. ^ The Sexual Offences (Northern Ireland) Order 2008, arts 38 to 40
39. ^ The Protection of Children (Northern Ireland) Order 1978, art 3; the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988, art 15
40. ^ The Sexual Offences (Northern Ireland) Order 2008, arts 43 to 46
41. ^ The Sexual Offences (Northern Ireland) Order 2008, arts 47 to 50
42. ^ The Sexual Offences (Northern Ireland) Order 2008, arts 51 to 54
43. ^ The Criminal Justice and Immigration Act 2008, s 63
44. ^ The Sexual Offences (Northern Ireland) Order 2008, arts 59 to 61
45. ^ The Sexual Offences (Northern Ireland) Order 2008, arts 62 and 63
46. ^ The Sexual Offences (Northern Ireland) Order 2008, art 64
47. ^ The Sexual Offences (Northern Ireland) Order 2008, art 64A
48. ^ The Sexual Offences (Northern Ireland) Order 2008, arts 65 and 67
49. ^ The Sexual Offences (Northern Ireland) Order 2008, arts 68 and 69
50. ^ The Sexual Offences (Northern Ireland) Order 2008, arts 70, 71 and 73 to 75
51. ^ The Sexual Offences (Scotland) Act 2009, ss 1 to 9 and 11
52. ^ The Criminal Law (Consolidation) (Scotland) Act 1995, s 8(3)
53. ^ The Criminal Law (Consolidation) (Scotland) Act 1995, ss 1 and 2
54. ^ The Criminal Law (Consolidation) (Scotland) Act 1995, s 7
55. ^ The Sexual Offences (Scotland) Act 2009, ss 18 to 26
56. ^ The Sexual Offences (Scotland) Act 2009, ss 28 to 37
57. ^ The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, s 1
58. ^ The Sexual Offences (Scotland) Act 2009, ss 42 and 46
59. ^ The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, ss 9 to 12
60. ^ The Civic Government (Scotland) Act 1982, ss 52 and 52A
61. ^ The Criminal Law (Consolidation) (Scotland) Act 1995, ss 9 and 10
62. ^ The Criminal Law (Consolidation) (Scotland) Act 1995, ss 11 to 13
63. ^ The Civic Government (Scotland) Act 1982, s 46; the Prostitution (Public Places) (Scotland) Act 2007, s 1
64. ^ The Civic Government (Scotland) Act 1982, s 51A
65. ^ The Sexual Offences (Procedure and Evidence) (Scotland) Act 2002
66. ^ The Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018

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English criminal law

Classes of crimes|

* Indictable
* Either way
* Summary
* Regulatory (lowered mens rea)
* Statutory
* Common law

Elements of crimes|

* Actus reus
* Causation
* Mens rea
* Intention (criminal law)
* Intention in English law
* Recklessness
* Criminal negligence
* Corporate / Vicarious / Strict liability
* Omissions

Doctrines|

* Lesser included offences
* Concurrence
* Ignorantia juris non excusat

Inchoate offences|

* Encouraging or assisting a crime
* Conspiracy
* Accessory
* Attempt
* Common purpose

Defences|

* Self-defence
* Duress
* Necessity
* Loss of control
* Consent
* inc. participation in a sporting event
* Medical procedures
* Prevention of crime
* Lawful excuse
* Insanity
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* Intoxication
* Category:Criminal defences

Offences against
the person|

* Homicide (Murder / Manslaughter / Corporate manslaughter / Infanticide)
* Unlawful killing
* Child destruction
* Concealment of birth
* Wounding or causing grievous bodily harm
* Assault occasioning actual bodily harm
* Common assault
* Attempting to choke, &c. in order to commit any indictable offence
* Assault with intent to rob
* Robbery
* Assault with intent to rape
* Assault with intent to resist lawful apprehension
* Assaulting a constable in the execution of his duty
* Battery
* Kidnapping
* Child abduction
* False imprisonment
* Harassment
* Offences Against the Person Act 1861
* Treason

Sexual offences|

* Rape
* Sexual assault
* Sexual Offences Act 2003

Public order offences|

* Riot
* Violent disorder
* Affray
* Unlawful assembly
* Fear or provocation of violence
* Harassment, alarm or distress
* intent aggravates
* Public Order Act 1986
* Incitement to ethnic or racial hatred
* Nuisance
* Causing Public nuisance
* Outraging public decency
* Effecting a public mischief
* Keeping a disorderly house
* Preventing the lawful burial of a body
* Breach of the peace
* Rout
* Forcible entry
* Accessory (legal term)
* Misconduct in a public office
* Misfeasance in public office
* Abuse of authority
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* Dereliction of duty

Offences against property|

* Arson
* Dishonesty
* Cheating (law)
* Burglary
* Robbery
* Theft
* Criminal damage
* Squatting
* Trespass
* Taking without owner's consent
* Deception
* Handling stolen goods
* Misappropriation of funds
* Blackmail
* Extortion
* Cybercrime
* Theft Act 1968
* Theft Act 1978
* Fraud Act 2006
* Fraud by abuse of position
* Conspiracy to defraud
* Fare evasion
* Webcam blackmail

Forgery, personation
and cheating|

* Forgery
* Cheating the public revenue
* Uttering

Offences against justice|

* Bribery
* Perjury
* Perverting the course of justice
* Witness intimidation
* Witness tampering
* Misprision of treason
* Jury tampering
* Assault with intent to resist lawful apprehension
* Assaulting a constable in the execution of his duty
* Harboring a fugitive
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* Obstruction of justice
* Obstruction of a police officer
* Wasting police time
* Refusing to assist a constable
* Sedition
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* Contempt of court
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* Rescuing a prisoner

Other common law areas|

* Contract
* Tort
* Property
* Wills
* Trusts and estates
* Evidence
* Criminal procedure

* English law portal
* For obsolete aspects see History of English criminal law table

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Sexual abuse

Forms|

* Bride kidnapping
* Child
* Child-on-child
* Child exploitation
* Child pornography
* in primary and secondary schools
* Child prostitution
* Child sex tourism
* Cybersex trafficking
* Forced prostitution
* Genital modification and mutilation
* Money marriage
* Rape
* Campus
* Date
* Gray
* Marital
* Prison
* By proxy
* Statutory
* Of males
* Raptio
* Revenge porn
* Sex trafficking
* Sexual assault
* Sexual bullying
* Sexual grooming
* Sexual harassment
* in education
* in education in the United States
* in the military
* Sexual misconduct
* Sexual predator
* Sexual slavery
* Sexual violence
* Statistics
* War

Sociological
theories|

* Aggression
* Causes of sexual violence
* Effects and aftermath of rape
* Misandry
* Misogyny
* Rape culture
* Rape trauma syndrome
* Sociobiological theories of rape
* Victim blaming

Laws|

* Laws regarding child sexual abuse
* Laws regarding rape
* Sexually violent predator laws

Related topics|

* Child sexual abuse accommodation syndrome
* False allegation of child sexual abuse

* Law portal

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Sexual offences in Europe

Sovereign states|

* Albania
* Andorra
* Armenia
* Austria
* Azerbaijan
* Belarus
* Belgium
* Bosnia and Herzegovina
* Bulgaria
* Croatia
* Cyprus
* Czech Republic
* Denmark
* Estonia
* Finland
* France
* Georgia
* Germany
* Greece
* Hungary
* Iceland
* Ireland
*   * Italy
* Kazakhstan
* Latvia
* Liechtenstein
* Lithuania
* Luxembourg
* Malta
* Moldova
* Monaco
* Montenegro
* Netherlands
* North Macedonia
* Norway
* Poland
* Portugal
* Romania
* Russia
* San Marino
* Serbia
* Slovakia
* Slovenia
* Spain
* Sweden
* Switzerland
* Turkey
* Ukraine
* United Kingdom

States with limited
recognition|

* Abkhazia
* Kosovo
* Northern Cyprus
* South Ossetia
* Transnistria

Dependencies and
other entities|

* Åland
* Faroe Islands
* Gibraltar
* Guernsey
* Isle of Man
* Jersey
* Svalbard

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