Sexual offences in the United Kingdom

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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

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

Main article: Sexual offences in English law

There are notification requirements for sexual offenders.[8] There are powers to impose notification orders, sexual harm prevention orders and sexual risk orders on sexual offenders.[9] There are powers of entry and search against the homes of sexual offenders.[10] There is statutory provision for the anonymity of victims of sexual offences.[11]

Northern Ireland

Main article: Sexual offences in Northern Ireland law

Scotland

Main article: Sexual offences in Scots law

There is statutory provision in relation to procedure and evidence on trials for sexual offences,[12] and pardons and disregards for sodomy offences.[13]

See also

References

  • 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 80 to 92
  9. ↑ The Sexual Offences Act 2003, ss 97 to 103, 103A to 103K and 122A to 122K
  10. ↑ The Sexual Offences Act 2003, s 96B
  11. ↑ The Sexual Offences (Amendment) Act 1992
  12. ↑ The Sexual Offences (Procedure and Evidence) (Scotland) Act 2002
  13. ↑ The Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018
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