|
| |
| |
A | |
Bill | |
To | |
Make new provision about sexual offences, their prevention and the | |
protection of children from harm from other sexual acts, and for connected | |
purposes. | |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and | |
consent of the Lords Spiritual and Temporal, and Commons, in this present | |
Parliament assembled, and by the authority of the same, as follows:— | |
Part 1 | |
Sexual Offences | |
Rape | |
1 Rape | |
(1) A person (A) commits an offence if— | 5 |
(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) subsection (2) or (3) applies. | |
(2) This subsection applies if A does not believe that B consents (whether because | 10 |
he knows that B does not consent, gives no thought to whether B consents, or | |
otherwise). | |
(3) This subsection applies if— | |
(a) a reasonable person would in all the circumstances doubt whether B | |
consents, and | 15 |
(b) A does not act in a way that a reasonable person would consider | |
sufficient in all the circumstances to resolve such doubt. | |
(4) Section 78 applies to an offence under this section. | |
(5) A person guilty of an offence under this section is liable, on conviction on | |
indictment, to imprisonment for life. | 20 |
| |
| |
| |
|
| |
| |
2 Rape of a child under 13 | |
(1) A person commits an offence if— | |
(a) he intentionally penetrates the vagina, anus or mouth of another person | |
with his penis, and | |
(b) the other person is under 13. | 5 |
(2) A person guilty of an offence under this section is liable, on conviction on | |
indictment, to imprisonment for life. | |
Assault | |
3 Assault by penetration | |
(1) A person (A) commits an offence if— | 10 |
(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) subsection (2) or (3) applies. | 15 |
(2) This subsection applies if A does not believe that B consents (whether because | |
he knows that B does not consent, gives no thought to whether B consents, or | |
otherwise). | |
(3) This subsection applies if— | |
(a) a reasonable person would in all the circumstances doubt whether B | 20 |
consents, and | |
(b) A does not act in a way that a reasonable person would consider | |
sufficient in all the circumstances to resolve such doubt. | |
(4) Section 78 applies to an offence under this section. | |
(5) A person guilty of an offence under this section is liable, on conviction on | 25 |
indictment, to imprisonment for life. | |
4 Assault of a child under 13 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, | 30 |
(b) the penetration is sexual, and | |
(c) B is under 13. | |
(2) A person guilty of an offence under this section is liable, on conviction on | |
indictment, to imprisonment for life. | |
5 Sexual assault | 35 |
(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) subsection (2) or (3) applies. | 40 |
| |
| |
|
| |
| |
(2) This subsection applies if A does not believe that B consents (whether because | |
he knows that B does not consent, gives no thought to whether B consents, or | |
otherwise). | |
(3) This subsection applies if— | |
(a) a reasonable person would in all the circumstances doubt whether B | 5 |
consents, and | |
(b) A does not act in a way that a reasonable person would consider | |
sufficient in all the circumstances to resolve such doubt. | |
(4) Section 78 applies to an offence under this section. | |
(5) A person guilty of an offence under this section is liable— | 10 |
(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. | |
6 Sexual assault of a child under 13 | 15 |
(1) A person (A) commits an offence if— | |
(a) he intentionally touches another person (B), | |
(b) the touching is sexual, and | |
(c) B is under 13. | |
(2) A person guilty of an offence under this section is liable— | 20 |
(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 | |
14 years. | |
Causing sexual activity without consent | 25 |
7 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 | 30 |
(d) subsection (2) or (3) applies. | |
(2) This subsection applies if A does not believe that B consents (whether because | |
he knows that B does not consent, gives no thought to whether B consents, or | |
otherwise). | |
(3) This subsection applies if— | 35 |
(a) a reasonable person would in all the circumstances doubt whether B | |
consents, and | |
(b) A does not act in a way that a reasonable person would consider | |
sufficient in all the circumstances to resolve such doubt. | |
(4) Section 78 applies to an offence under this section. | 40 |
| |
| |
|
| |
| |
(5) 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 | 5 |
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. | |
(6) Unless subsection (5) applies, a person guilty of an offence under this section | |
is liable— | 10 |
(a) on summary conviction, to imprisonment for a term not exceeding sic | |
months or to a fine not exceeding the statutory maximum or both; | |
(b) on conviction on indictment, to imprisonment for a term not exceeding | |
10 years. | |
8 Causing a child under 13 to engage in sexual activity | 15 |
(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, and | |
(c) B is under 13. | |
(2) A person guilty of an offence under this section is liable, on conviction on | 20 |
indictment— | |
(a) where subsection (3) applies, to imprisonment for life; | |
(b) in any other case, to imprisonment for a term not exceeding 14 years. | |
(3) This subsection applies if the activity caused involved— | |
(a) penetration of B’s anus or vagina, | 25 |
(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. | |
Child sex offences | 30 |
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, | |
(c) B is under 16, and | 35 |
(d) A does not reasonably believe that B is 16 or over. | |
(2) Section 76 applies to an offence under this section. | |
(3) A person guilty of an offence under this section is liable, on conviction on | |
indictment, to imprisonment for a term not exceeding 14 years. | |
| |
| |
|
