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(a) he intentionally penetrates another person’s vagina or anus with a part | |
of his body or anything else, or penetrates another person’s mouth with | |
his penis, | |
(b) the penetration is sexual, and | |
(c) the other person is a relative of A aged 18 or over. | 5 |
(2) In this section, “relative” means a parent, grandparent, child, grandchild, | |
brother, sister, half-brother or half-sister. | |
(3) Where in proceedings for an offence under this section— | |
(a) it is proved that the defendant was related to the other person in any of | |
the ways mentioned in subsection (2), and | 10 |
(b) the defendant proves that he did not know that they were related in | |
that way, | |
he is not guilty of the offence unless it is proved that he could reasonably have | |
been expected to know that they were related in that way. | |
(4) A person guilty of an offence under this section is liable— | 15 |
(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 | |
2 years. | |
69 Sex with an adult relative: consenting to penetration | 20 |
(1) A person aged 16 or over (A) commits an offence if— | |
(a) another person (B) penetrates A’s vagina or anus with a part of B’s | |
body or anything else, or penetrates A’s mouth with B’s penis, | |
(b) A consents to the penetration, | |
(c) the penetration is sexual, and | 25 |
(d) B is a relative of A aged 18 or over. | |
(2) In this section, “relative” means a parent, grandparent, child, grandchild, | |
brother, sister, half-brother or half-sister. | |
(3) Where in proceedings for an offence under this section— | |
(a) it is proved that the defendant was related to the other person in any of | 30 |
the ways mentioned in subsection (2), and | |
(b) the defendant proves that he did not know that they were related in | |
that way, | |
he is not guilty of the offence unless it is proved that he could reasonably have | |
been expected to know that they were related in that way. | 35 |
(4) A person guilty of an offence under this section is liable— | |
(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 | |
2 years. | 40 |
Other offences | |
70 Exposure | |
(1) A person (A) commits an offence if— | |
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(a) he intentionally exposes his genitals, | |
(b) he knows or intends that someone will see them, and | |
(c) he knows or intends that, or (unless subsection (2) applies) is reckless | |
as to whether, a person who sees them will be caused alarm or distress. | |
(2) This subsection applies where A is in a dwelling and does not know or intend | 5 |
that a child aged under 16 will see his genitals. | |
(3) A person guilty of an offence under this section is liable— | |
(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 |
2 years. | |
71 Voyeurism | |
(1) A person (A) commits an offence if— | |
(a) for the purpose of obtaining sexual gratification, he observes another | |
person (B) doing a private act or looks at a moving or still image of B | 15 |
doing such an act, | |
(b) he knows that B does not consent to being observed or (as the case may | |
be) to the image being looked at, for his sexual gratification, and | |
(c) where the image is of B doing such an act on an earlier occasion, he | |
knows that, while doing the act, B did not consent to the act being | 20 |
recorded with a view to an image of the act becoming available for the | |
sexual gratification of A, a class of persons to which A belongs, or | |
persons generally. | |
(2) For the purposes of this section, a person is doing a private act if the person is | |
in a structure which, in the circumstances, would reasonably be expected to | 25 |
provide privacy, and— | |
(a) the person’s genitals, buttocks or breasts are exposed or covered only | |
with underwear, | |
(b) the person is using a lavatory, or | |
(c) the person is doing a sexual act that is not of a kind ordinarily done in | 30 |
public. | |
(3) In this section, “structure” includes a tent, vehicle or vessel or other temporary | |
or movable structure. | |
(4) A person commits an offence if he instals or operates equipment, or constructs | |
or adapts a structure or part of a structure, with the intention of enabling | 35 |
himself or another person to commit an offence under subsection (1). | |
(5) A person guilty of an offence under this section is liable— | |
(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 | 40 |
2 years. | |
72 Intercourse with an animal | |
(1) A person commits an offence if— | |
(a) he intentionally performs an act of penetration with his penis, | |
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(b) what is penetrated is the vagina or anus of a living animal, and | |
(c) he knows that, or is reckless as to whether, that is what is penetrated. | |
(2) A person (A) commits an offence if— | |
(a) A intentionally causes, or allows, A’s vagina or anus to be penetrated, | |
(b) the penetration is by the penis of a living animal, and | 5 |
(c) A knows that, or is reckless as to whether, that is what A is being | |
penetrated by. | |
(3) A person guilty of an offence under this section is liable— | |
(a) on summary conviction, to imprisonment for a term not exceeding 6 | |
months or a fine not exceeding the statutory maximum or both; | 10 |
(b) on conviction on indictment, to imprisonment for a term not exceeding | |
2 years. | |
73 Sexual penetration of a corpse | |
(1) A person (A) commits an offence if— | |
(a) he intentionally performs an act of penetration with a part of his body | 15 |
or anything else, | |
(b) what is penetrated is a part of the body of a dead person, | |
(c) he knows that, or is reckless as to whether, that is what is penetrated, | |
and | |
(d) the penetration is sexual. | 20 |
(2) A person guilty of an offence under this section is liable— | |
(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 | |
2 years. | 25 |
74 Sexual activity in public | |
(1) A person commits an offence if— | |
(a) he is in a public place, | |
(b) he intentionally engages in an activity within subsection (3), | |
(c) the activity is sexual, and | 30 |
(d) he knows that, or is reckless as to whether, someone (other than a | |
person he reasonably believes to be a willing observer) will see any part | |
of him or of another participant. | |
(2) A person commits an offence if— | |
(a) he is not in a dwelling, | 35 |
(b) he intentionally engages in an activity within subsection (3), | |
(c) the activity is sexual, and | |
(d) he knows that, or is reckless as to whether, someone in a public place | |
(other than a person he reasonably believes to be a willing observer) | |
will see any part of him or of another participant. | 40 |
(3) An activity is within this subsection if it involves— | |
(a) a person, with a part of that person’s body or anything else, penetrating | |
that or another person’s vagina or anus; | |
(b) a person, with his penis, penetrating the mouth of another person; | |
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(c) a person touching that person’s vagina, anus or penis, other than | |
through that person’s clothes; or | |
(d) a person touching another person’s vagina, anus or penis, other than | |
through the other person’s clothes. | |
(4) In this section— | 5 |
“participant” means, in relation to an activity within a paragraph of | |
subsection (3), a person referred to in that paragraph; | |
“public place” means— | |
(a) a place to which the public or any section of the public has or is | |
permitted to have access, whether on payment or otherwise, or | 10 |
(b) the common parts of a building containing two or more | |
separate dwellings; | |
“willing observer” means a person who is willing to see the participants | |
engage in the activity within subsection (3). | |
(5) A person guilty of an offence under this section is liable, on summary | 15 |
conviction, to imprisonment for a term not exceeding 6 months or a fine not | |
exceeding level 5 on the standard scale or both. | |
Offences outside the United Kingdom | |
75 Offences outside the United Kingdom | |
(1) Subject to subsection (2), any act done by a person in a country or territory | 20 |
outside the United Kingdom which— | |
(a) constituted an offence under the law in force in that country or | |
territory, and | |
(b) would constitute a sexual offence to which this section applies if it had | |
been done in England and Wales or in Northern Ireland, | 25 |
constitutes that sexual offence under the law of that part of the United | |
Kingdom. | |
(2) Proceedings by virtue of this section may be brought only against a person who | |
was on 1st September 1997, or has since become, a British citizen or resident in | |
the United Kingdom. | 30 |
(3) An act punishable under the law in force in any country or territory constitutes | |
an offence under that law for the purposes of this section, however it is | |
described in that law. | |
(4) Subject to subsection (5), the condition in subsection (1)(a) is to be taken to be | |
met unless, not later than rules of court may provide, the defendant serves on | 35 |
the prosecution a notice— | |
(a) stating that, on the facts as alleged with respect to the act in question, | |
the condition is not in his opinion met, | |
(b) showing his grounds for that opinion, and | |
(c) requiring the prosecution to prove that it is met. | 40 |
(5) The court, if it thinks fit, may permit the defendant to require the prosecution | |
to prove that the condition is met without service of a notice under subsection | |
(4). | |
(6) In the Crown Court the question whether the condition is met is to be decided | |
by the judge alone. | 45 |
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(7) Schedule 1 lists the sexual offences to which this section applies. | |
General | |
76 Offences against children under 13 | |
Where this section applies to an offence, a person may not be convicted of that | |
offence if what is proved against him is an offence under section 2, 4, 6 or 8 | 5 |
(offences against children under 13). | |
77 “Consent” | |
For the purposes of this Part, a person consents if he agrees by choice, and has | |
the freedom and capacity to make that choice. | |
78 Presumptions about the absence of consent | 10 |
(1) If in proceedings for an offence to which this section applies it is proved that | |
the defendant did the relevant act, that any of the circumstances specified in | |
subsection (3) existed, and that the defendant knew that those circumstances | |
existed— | |
(a) the complainant is to be taken not to have consented to the relevant act | 15 |
unless sufficient evidence is adduced to raise an issue as to whether the | |
complainant consented, and | |
(b) the defendant is to be taken not to have believed that the complainant | |
consented unless the defendant proves that he did believe it. | |
(2) Nothing said or done in the course of cross-examination of the complainant is | 20 |
to be taken to be sufficient to raise an issue for the purposes of subsection (1)(a), | |
unless it amounts to an admission that the complainant consented. | |
(3) The circumstances referred to in subsection (1) are that— | |
(a) any person was, at the time of the relevant act or immediately before it | |
began, using violence against the complainant or causing the | 25 |
complainant to fear that immediate violence would be used against | |
him; | |
(b) any person was, at the time of the relevant act or immediately before it | |
began, causing the complainant to fear that violence was being used, or | |
that immediate violence would be used, against another person; | 30 |
(c) the complainant was, and the defendant was not, unlawfully detained | |
at the time of the relevant act; | |
(d) the complainant was asleep or otherwise unconscious at the time of the | |
relevant act; | |
(e) because of the complainant’s physical disability, the complainant | 35 |
would not have been able at the time of the relevant act to communicate | |
to the defendant whether the complainant consented. | |
(4) In subsection (3)(a) and (b), the reference to the time when the relevant act | |
began is, in the case of an act which is one of a continuous series of sexual | |
activities, a reference to the time when the first sexual activity began. | 40 |
(5) Subsection (6) applies if, in proceedings for an offence to which this section | |
applies— | |
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(a) it is proved that the defendant did the relevant act and that the | |
complainant did not consent to it, and | |
(b) the only evidence adduced of circumstances from which the defendant | |
might have formed a belief that the complainant consented is— | |
(i) evidence of anything said or done by a third party, or | 5 |
(ii) evidence of circumstances from which the defendant could not | |
have formed such a belief except on the grounds that they were | |
consistent with anything said or done by a third party. | |
(6) Where this subsection applies, it is to be conclusively presumed— | |
(a) that a reasonable person would in all the circumstances have doubted | 10 |
whether the complainant consented, and | |
(b) that the defendant did not act in a way that a reasonable person would | |
consider sufficient in all the circumstances to resolve such doubt. | |
(7) If in proceedings for an offence to which this section applies it is proved that | |
the defendant did the relevant act and that any of the circumstances specified | 15 |
in subsection (8) existed, it is to be conclusively presumed— | |
(a) that the complainant did not consent to the relevant act, and | |
(b) that the defendant did not believe that the complainant consented to | |
the relevant act. | |
(8) The circumstances referred to in subsection (7) are that— | 20 |
(a) the defendant intentionally deceived the complainant as to the nature | |
or purpose of the relevant act; | |
(b) the defendant intentionally induced the complainant to consent to the | |
relevant act by impersonating a person known personally to the | |
complainant. | 25 |
79 Section 78: relevant acts | |
In relation to an offence to which section 78 applies, references in that section | |
to the relevant act and to the complainant are to be read as follows— | |
| | Offence | | Relevant Act | | | | | An offence under section 1 (rape). | | The defendant intentionally | | 30 | | | | | penetrating, with his penis, the | | | | | | | vagina, anus or mouth of another | | | | | | | person (“the complainant”). | | | | | An offence under section 3 | | The defendant intentionally | | | | | (assault by penetration). | | penetrating, with a part of his body | | 35 | | | | | or anything else, the vagina or | | | | | | | anus of another person (“the | | | | | | | complainant”), where the | | | | | | | penetration is sexual. | | | | | An offence under section 5 | | The defendant intentionally | | 40 | | | (sexual assault). | | touching another person (“the | | | | | | | complainant”), where the touching | | | | | | | is sexual. | | |
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| | Offence | | Relevant Act | | | | | An offence under section 7 | | The defendant intentionally | | | | | (causing a person to engage in | | causing another person (“the | | | | | sexual activity without consent). | | complainant”) to engage in an | | | | | | | activity, where the activity is | | 5 | | | | | sexual. | | |
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80 “Sexual” | |
For the purposes of this Part, penetration, touching or any other activity is | |
sexual if— | |
(a) from its nature, a reasonable person would consider that it may (at | 10 |
least) be sexual, and | |
(b) a reasonable person would consider that it is sexual because of its | |
nature, its circumstances or the purpose of any person in relation to it, | |
or all or some of those considerations. | |
81 Part 1: general interpretation | 15 |
(1) The following apply for the purposes of this Part. | |
(2) Penetration is a continuing act from entry to withdrawal. | |
(3) References to a part of the body include references to a part surgically | |
constructed (in particular, through gender reassignment surgery). | |
(4) “Mental disorder” has the meaning given by section 1 of the Mental Health Act | 20 |
1983 (c. 20). | |
(5) “Photograph” and “pseudo-photograph” have the same meaning as in the | |
Protection of Children Act 1978 (c. 37). | |
(6) Touching includes touching— | |
(a) with any part of the body, | 25 |
(b) with anything else, | |
(c) through anything, | |
and in particular includes touching amounting to penetration. | |
(7) “Vagina” includes vulva. | |
(8) In relation to an animal, references to the vagina or anus include references to | 30 |
any similar part. | |
Part 2 | |
Notification and orders | |
Notification requirements | |
82 Persons becoming subject to notification requirements | 35 |
(1) A person is subject to the notification requirements of this Part for the period | |
set out in section 84 (“the notification period”) if— | |
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