Sexual Offences Act 2003 (UK)

Product Information

Section 74 states that: "For the purposes of this Part, a person consents if he agrees by choice, and has the freedom and capacity to make that choice." [8] Section 75 [ edit ] October 1997 – Maximum sentence for offences against a child under 14 increased from 2 years to 10 years

A communication is sexual “if any part of it relates to sexual activity or a reasonable person would consider any part of the communication to be sexual”.The Crown Prosecution Service has a team of specialist prosecutors across England and Wales who are trained to deal with cases featuring sexual allegations. These prosecutors work within a set of carefully drafted guidelines. There is a defence of reasonable belief that the child is 16 years or over. The defence of reasonable belief does not apply if the child is under 13 years. Second, the age of the complainant at the date of the sexual activity, using, for example, a certified copy of a birth certificate together with evidence of identity. The ways in which the parties are related are set out in section 64(2) and includes uncles, aunts and adoptive parents but not their spouses or partners.

This offence is intended to protect children from adults who communicate (not restricted to on-line communications) with them and then arrange to meet them with the intention of committing a sexual offence against them, either at that meeting or subsequently. The further positions of trust were drafted following a Ministry of Justice (MoJ) review which engaged with stakeholders across the youth and criminal justice sectors, including the police, the Crown Prosecution Service (CPS), sports bodies, victims’ groups, and religious organisations.

Opening Options

The offence is either way and attracts a maximum prison sentence of 2 years on indictment and the offence automatically attracts the notification requirements for registered sex offenders under the Sexual Offences Act 2003. Where both parties are under 16 years they may both have committed a criminal offence. However prosecutors should bear in mind the overriding purpose of the legislation was to protect children and it was not Parliament’s intention to punish children unnecessarily or for the criminal law to intervene where it was wholly inappropriate. Key points Prosecutors should refer to the relevant offences under the key legislation of this guidance and the section on Sexual Offences and Child Abuse by Young offenders and Familial Sexual offences in the legal guidance on Youth Offenders and the relevant sections of the Code for Crown Prosecutors.

In some cases involving children aged between 13 and 15 years offences may fall within the familial offences and also the equivalent offences where there is no familial link such as sections 9 and 10 SOA 2003. Where there is sufficient evidence to prove the family relationship and an offence under sections 9 and 10 SOA 2003 prosecutors should charge a familial offence. First, those listed in subsection (2), such as parent, grandparent, brother, sister, step-parent, half-brother, half-sister, uncle, aunt, foster parent etc., will always be family members;

Prosecutors must therefore consider not only which provision was in force at the relevant time but also whether the maximum sentence has changed. Where a count crosses the date of the change in maximum sentence then the lower maximum sentence will apply. Sections 11 and 12 are either way offences which attract a maximum sentence of 10 years imprisonment.