Sexual offences in English law

There are a number of sexual offences under the law of England and Wales.

Common features

General interpretation

Consent

As to consent, see sections 74 to 77 of the Sexual Offences Act 2003.

"Sexual"

As to the meaning of "sexual", see section 78 of the Sexual Offences Act 2003.

Touching

As to touching, see section 79(8) of the Sexual Offences Act 2003.

Incitement

As to incitement to commit a sexual act, that would amount to a listed sexual offence if it was done in England and Wales, outside the United Kingdom, see section 2 of the Sexual Offences (Conspiracy and Incitement) Act 1996.

Abolition of presumption of sexual incapacity

As to the abolition of the presumption of sexual incapacity, see section 1 of the Sexual Offences Act 1993.

Notification requirements

As to notification requirements, see sections 80 to 92 of the Sexual Offences Act 2003. See formerly Part I of the Sex Offenders Act 1997.

Orders

Sexual offenders may be subject to the following orders, in particular:

• Notification orders. As to these, see sections 97 to 103 of the Sexual Offences Act 2003.
• Sexual harm prevention orders. As to these see sections 103A to 103K of the Sexual Offences Act 2003, as inserted by paragraph 2 of Schedule 5 to the Anti-social Behaviour, Crime and Policing Act 2014.
• Sexual risk orders. As to these, see sections 122A to 122K of the Sexual Offences Act 2003, as inserted by paragraph 4 of Schedule 5 to the Anti-social Behaviour, Crime and Policing Act 2014.

Sections 104 to 113 of the Sexual Offences Act 2003 made provision for sexual offences prevention orders. Sections 114 to 122 of that Act made provision for foreign travel orders. Sections 123 to 129 of that Act made provision for risk of sexual harm orders. Sections 104 to 113 and 114 to 122 and 123 to 129 of that Act were repealed, for England and Wales, by paragraphs 3(1) and 5(1) of the Anti-social Behaviour, Crime and Policing Act 2014.

Entry and search

As to the power to enter and search the relevant offender's home address, see section 96B of the Sexual Offences Act 2003.

Anonymity of victims

As to the anonymity of victims, see the Sexual Offences (Amendment) Act 1992.

Specified sexual offences

Part 2 of Schedule 15 to the Criminal Justice Act 2003 (as amended by section 130(8) of the Police, Crime, Sentencing and Courts Act 2022) contains a list of offences that are "specified sexual offences" for the purposes of sections 244ZA and 325 of that Act.

Non-consensual offences

Ormerod characterizes the offences under sections 1 to 4 of the Sexual Offences Act 2003 as non-consensual offences. ^[1] Card, Gillespie and Hirst characterize the offences under sections 1 to 8 of that Act as non-consensual offences. ^[2]

Rape

Main article: Rape in English law

The offence of rape is created by section 1 of the Sexual Offences Act 2003.

Assault

• Assault by penetration, contrary to section 2 of the Sexual Offences Act 2003
• Sexual assault, contrary to section 3 of the Sexual Offences Act 2003

Sexual activity without consent

• Causing a person to engage in sexual activity without consent, contrary to section 4 of the Sexual Offences Act 2003

Offences against children, other than prostitution and pornography

Offences against children under 13

Ormerod characterizes the offences under sections 5 to 8 as offences against children under 13. ^[3]

• Rape of a child under 13, contrary to section 5 of the Sexual Offences Act 2003
• Assault of a child under 13 by penetration, contrary to section 6 of the Sexual Offences Act 2003
• Sexual assault of a child under 13, contrary to section 7 of the Sexual Offences Act 2003
• Causing or inciting a child under 13 to engage in sexual activity, contrary to section 8 of the Sexual Offences Act 2003

Offences against children under 16

• Sexual activity with a child, contrary to section 9 of the Sexual Offences Act 2003
• Causing or inciting a child to engage in sexual activity, contrary to section 10 of the Sexual Offences Act 2003
• Engaging in sexual activity in the presence of a child, contrary to section 11 of the Sexual Offences Act 2003
• Causing a child to watch a sexual act, contrary to section 12 of the Sexual Offences Act 2003
• Child sex offences committed by children or young persons (The Sexual Offences Act 2003, section 13)
• Arranging or facilitating the commission of a child sex offence, contrary to section 14 of the Sexual Offences Act 2003
• Meeting a child following sexual grooming etc., contrary to section 15 of the Sexual Offences Act 2003
• Sexual communication with a child, contrary to section 15A of the Sexual Offences Act 2003, as inserted by section 67 of the Serious Crime Act 2015

Abuse of position of trust

The following offences replace offences under the Sexual Offences (Amendment) Act 2000:

• Abuse of position of trust: sexual activity with a child, contrary to section 16 of the Sexual Offences Act 2003
• Abuse of position of trust: causing or inciting a child to engage in sexual activity, contrary to section 17 of the Sexual Offences Act 2003
• Abuse of position of trust: sexual activity in the presence of a child, contrary to section 18 of the Sexual Offences Act 2003
• Abuse of position of trust: causing a child to watch a sexual act, contrary to section 19 of the Sexual Offences Act 2003

Offences against child family members

• Sexual activity with a child family member, contrary to section 25 of the Sexual Offences Act 2003
• Inciting a child family member to engage in sexual activity, contrary to section 26 of the Sexual Offences Act 2003

Offences against mentally disordered persons

Mental disorder impeding choice

• Sexual activity with a person with a mental disorder impeding choice, contrary to section 30 of the Sexual Offences Act 2003
• Causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity, contrary to section 31 of the Sexual Offences Act 2003
• Engaging in sexual activity in the presence of a person with a mental disorder impeding choice, contrary to section 32 of the Sexual Offences Act 2003
• Causing a person, with a mental disorder impeding choice, to watch a sexual act, contrary to section 33 of the Sexual Offences Act 2003

Inducement, threat or deception

• Inducement, threat or deception to procure sexual activity with a person with a mental disorder, contrary to section 34 of the Sexual Offences Act 2003
• Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception, contrary to section 35 of the Sexual Offences Act 2003
• Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder, contrary to section 36 of the Sexual Offences Act 2003
• Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception, contrary to section 37 of the Sexual Offences Act 2003

Offences by care workers

• Care workers: sexual activity with a person with a mental disorder, contrary to section 38 of the Sexual Offences Act 2003
• Care workers: causing or inciting sexual activity, contrary to section 39 of the Sexual Offences Act 2003
• Care workers: sexual activity in the presence of a person with a mental disorder, contrary to section 40 of the Sexual Offences Act 2003
• Care workers: causing a person with a mental disorder to watch a sexual act, contrary to section 41 of the Sexual Offences Act 2003

Child prostitution and pornography

• Paying for sexual services of a child, contrary to section 47 of the Sexual Offences Act 2003
• Causing or inciting child prostitution or pornography, contrary to section 48 of the Sexual Offences Act 2003
• Controlling a child prostitute or a child involved in pornography, contrary to section 49 of the Sexual Offences Act 2003
• Arranging or facilitating child prostitution or pornography, contrary to section 50 of the Sexual Offences Act 2003

Indecent photographs

• Offences relating to indecent photographs of children, contrary to section 1 of the Protection of Children Act 1978
• Possession of indecent photograph of child, contrary to section 160 of the Criminal Justice Act 1988

Pornography

• Possession of extreme pornographic images, contrary to section 63 of the Criminal Justice and Immigration Act 2008
• An offence under section 170 of the Customs and Excise Management Act 1979, in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (39 & 40 Vict. c. 36), is a specified sexual offence. ^[4]

Prostitution

Main article: Prostitution in the United Kingdom

Soliciting

• Loitering or soliciting for purposes of prostitution, contrary to section 1 of the Street Offences Act 1959
• Soliciting, contrary to section 51A of the Sexual Offences Act 2003, as inserted by section 19 of the Policing and Crime Act 2009

Pimping

• Causing or inciting prostitution for gain, contrary to section 52 of the Sexual Offences Act 2003
• Controlling prostitution for gain, contrary to section 53 of the Sexual Offences Act 2003

Forcible prostitution

• Paying for sexual services of a prostitute subjected to force etc., contrary to section 53A of the Sexual Offences Act 2003, as inserted by section 14 of the Policing and Crime Act 2009

Brothels

• Keeping a brothel, contrary to section 33 of the Sexual Offences Act 1956
• Keeping a brothel used for prostitution, contrary to section 33A of the Sexual Offences Act 1956
• Landlord letting premises for use as brothel, contrary to section 34 of the Sexual Offences Act 1956
• Tenant permitting premises to be used as brothel, contrary to section 35 of the Sexual Offences Act 1956
• Tenant permitting premises to be used for prostitution, contrary to section 36 of the Sexual Offences Act 1956

Sexual trafficking

Main article: Sex trafficking

• Trafficking into the UK for sexual exploitation, contrary to section 57 of the Sexual Offences Act 2003
• Trafficking within the UK for sexual exploitation, contrary to section 58 of the Sexual Offences Act 2003
• Trafficking out of the UK for sexual exploitation, contrary to section 59 of the Sexual Offences Act 2003
• An offence under section 2 of the Modern Slavery Act 2015, committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act, is a specified sexual offence. ^[5]

Preparatory offences

• Administering a substance with intent, contrary to section 61 of the Sexual Offences Act 2003
• Committing an offence with intent to commit a sexual offence, contrary to section 62 of the Sexual Offences Act 2003
• Trespass with intent to commit a sexual offence, contrary to section 63 of the Sexual Offences Act 2003

Sex with an adult relative

• Sex with an adult relative: penetration, contrary to section 64 of the Sexual Offences Act 2003
• Sex with an adult relative: consenting to penetration, contrary to section 65 of the Sexual Offences Act 2003

Exposure

• Exposure, contrary to section 66 of the Sexual Offences Act 2003

Voyeurism

• Voyeurism, contrary to section 67 of the Sexual Offences Act 2003
• Offences under section 67A of the Sexual Offences Act 2003, as inserted by section 1(2) of the Voyeurism (Offences) Act 2019

Bestiality

• Intercourse with an animal, contrary to section 69 of the Sexual Offences Act 2003

Necrophilia

• Sexual penetration of a corpse, contrary to section 70 of the Sexual Offences Act 2003

Sexual activity in a public lavatory

• Sexual activity in a public lavatory, contrary to section 71 of the Sexual Offences Act 2003

Abolished offences

See History of English criminal law#Sexual Offences

See also

• Sexual offences in the United Kingdom

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.
• "Sexual Offences". Archbold Magistrates' Courts Criminal Practice 2015. Sweet & Maxwell. Thomson Reuters. 2014. Chapter 14. Page 847 et seq.
• Anthony Edwards. "Sexual Offences". Blackstone's Magistrates' Court Handbook 2021. Eighth Edition. Oxford University Press. 2021. Section C14. Page 409 et seq.
• "Sexual Offences". Halsbury's Laws of England. Fifth Edition. LexisNexis. 2008. Volume 25. Volume 26. Page 174 et seq.
• David Ormerod and Karl Laird. Smith and Hogan's Criminal Law. Fourteenth Edition. Oxford University Press. 2015. Chapter 18. Page 817 et seq.
• Richard Card and Jill Molloy. "Sexual Offences". Card, Cross & Jones Criminal Law. Twenty-second Edition. Oxford University Press. 2016. Chapter 9. Page 317 et seq.
• C M V Clarkson. "Sexual Offences". Understanding Criminal Law. Fourth Edition. Sweet & Maxwell. London. 2005. Chapter. Section 3. Page 192 et seq.
• Michael J Allen and Ian Edwards. "Sexual Offences". Criminal Law. Sixteenth Edition. Oxford University Press. 2021. Chapter 11. Page 468 et seq.
• Jonathan Herring. "Sexual Offences". Criminal Law: Text, Cases, and Materials. Ninth Edition. Oxford University Press. 2020. Chapter 7. Page 419 et seq.
• Janet Loveless, Mischa Allen and Caroline Derry. "Sexual Offences". Complete Criminal Law: Text, Cases, and Materials. Seventh Edition. Oxford University Press. Chapter 11. Page 515 et seq.
• Nicola Padfield. "Sexual Offences". Criminal Law. Tenth Edition. Oxford University Press. 2016. Chapter 10. Page 286 et seq.
• J J Child, A P Simester, J R Spencer, F Stark and G J Virgo. "The Principal Sexual Offences". Simester and Sullivan's Criminal Law: Theory and Doctrine. Eighth Edition. Hart Publishing. 2022. Chapter 12. Page 537 et seq.
• Jeremy Horder. Ashworth's Principles of Criminal Law. Ninth Edition. Oxford University Press. 2019. Chapters 9.4 to 9.8. Page 342 to 376. See particularly p 344 et seq.

1. David Ormerod. Smith and Hogan's Criminal Law. Thirteenth Edition. Oxford University Press. 2011. Chapter 18.3 ("Non-consensual offences"). Pages 740 to 751.
2. Richard Card, Alisdair A Gillespie and Michael Hirst. "Non-consensual offences under the Sexual Offences Act 2003". Sexual Offences. Jordans. 2008. p 46.
3. David Ormerod. Smith and Hogan's Criminal Law. Thirteenth Edition. Oxford University Press. 2011. Chapter 18.4 ("Offences against children under 13"). Pages 751 to 757.
4. The Criminal Justice Act 2003, Schedule 15, Part 2, paragraph 100
5. The Criminal Justice Act 2003, Schedule 15, Part 2, paragraph 152A, as inserted by section 6(3) of the Modern Slavery Act 2015