Sexual Offences
Protecting the Public
This page provides background information to the Sexual Offences Act 2003. Full details of the act can be found here. This document is published for archival/historical purposes. It will not be updated.
Better protection for the public, particularly children and the most vulnerable, is at the heart of major law reform on sex offences and measures to strengthen the sex offenders' register, announced by the Government.
The "Protecting the Public" paper sets out Government proposals to modernise current laws on sex offences to provide a clear, coherent and effective set of laws that increase protection, enable the appropriate punishment of abusers and ensure the law is fair and non-discriminatory.
The paper also highlights measures to tighten the requirements of the sex offenders' register, improve monitoring of offenders and build in new safeguards against evasion.
Proposals published include:
Stronger protection for children
Children under 13 will not be capable in law of giving consent to any form of sexual activity. Any sexual intercourse with a child under 13 will be charged as rape.
A new offence of adult sexual activity with a child, which will capture behaviour such as inappropriately persuading children to undress.
A new grooming offence, based on meeting a child with the intention of committing a sex offence, and civil order to apply both to the Internet and off-line.
New offences with severe penalties against those who sexually exploit children for their own gain. The new offence of sexual exploitation of a child will protect children up to the age of 18. It will cover a range of activity including: buying the sexual services of a child, causing or encouraging children into sexual exploitation, facilitating the commercial sexual exploitation of a child and controlling the activities of a child involved in prostitution or pornography.
Stronger offences for sexual violence
Clarifying the law on consent with regard to rape.
A new offence of sexual assault by penetration.
A new offence of compelling sexual acts.
Strengthening drug rape offences.
Rape extended to include oral penetration.
Stronger protection for vulnerable people
Three new offences to give extra protection to those with a learning disability or mental disorder from sexual abuse.
Stronger offences to deal with sexual exploitation
In addition to the new offence of commercial sexual exploitation of a child, there will be a new offence of commercial sexual exploitation of adults.
A new offence of trafficking people for commercial sexual exploitation.
Stronger protection for the public
A new order to make those known to have been convicted of sex offences overseas register as sex offenders when they come to the UK, whether or not they have committed a crime here.
All those on the sex offenders' register to confirm their details in person annually.
Offenders on the register to provide National Insurance details as a further safeguard against evasion.
The period within which a sex offender must notify the police of a change of name or address to be reduced from 14 days to three.
Sex Offender Orders and Sex Offender Restraining Orders to be available for anyone convicted of a violent offence where there is evidence they present a risk of causing serious sexual harm.
A new offence to protect the public from unacceptable sexual behaviour in public, complementing existing public order offences.
A new offence to strengthen the law on indecent exposure
A new offence of voyeurism capturing those who observe others without their knowledge for sexual gratification.
Greater fairness and clarity
Aim of the proposals is that offences should be gender-neutral and non-discriminatory and apply to men and women as victims and/or perpetrators.
Last update: Monday, September 01, 2008


