Sexual Offences
Sexual Offences Bill
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.
The Government has published a new Sexual Offences Bill aimed at protecting children and the most vulnerable. It is the biggest overhaul of sex offences legislation for 50 years and aims to provide a clear, coherent and effective set of laws that will increase protection, enable the appropriate punishment of abusers and ensure the law is fair and non-discriminatory.
The Bill aims to bring sexual offences legislation into the 21st century, so that it reflects today's society and attitudes and provides effective protection against modern crimes. It contains new measures to strengthen the monitoring of offenders on the sex offenders register and a range of new offences and harsher sentences for sexual offences against children and vulnerable people.
The proposals on sex offences in the Bill have been developed from the Sex Offences Review set up by the Government in 1999. The Review was conducted independently of Ministers and with the following terms of reference:
to provide coherent and clear offences which protect individuals, especially children and the more vulnerable, from abuse and exploitation
to enable abusers to be properly punished
to be fair and non-discriminatory.
The recommendations of the independent Review were published for public consultation in 'Setting the Boundaries' in July 2000. The consultation period closed in March 2001.
In addition the Government carried out a Review of the Sex Offenders Act and proposals were published for public consultation by the Home Office in July 2001.
Proposals in brief
The Bill details proposals to:
Strengthen 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 range of new offences designed to tackle all inappropriate sexual activity with children, including a new offence of causing a child to engage in sexual activity – 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 grooming, which will enable restrictions to be placed on people displaying inappropriate sexual behaviour before an offence is committed.
New offences with severe penalties against those who sexually exploit children for their own gain. The new offences relating to sexual exploitation of a child will protect children up to the age of 18. The Bill will cover a range of activity including: buying the sexual services of a child, causing or encouraging children into sexual exploitation, facilitating the sexual exploitation of a child and controlling the activities of a child involved in prostitution or pornography.
Maximum penalties for sexual offences against children and vulnerable people have been raised to reflect the severity of these crimes. Any offence involving penetration against a child under 13 or a person who lacks the capacity to consent, will attract a life sentence.
Strengthen protection for vulnerable people:
Three new categories of offences to give extra protection to those with a learning disability or mental disorder from sexual abuse. Including 'breach of a relationship of care', to protect those who have the capacity to consent, but are vulnerable to exploitative behaviour.
Strengthen 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 amalgamated into a Sexual Offences Prevention Order (SOPO) and made 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 acts 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.
Strengthen offences for sexual violence:
Clarifying the law on consent in regard to rape.
A new offence of sexual assault by penetration.
A new offence of causing sexual acts without consent
Strengthening drug rape offences.
Rape extended to include oral penetration.
Strengthen offences to deal with sexual exploitation:
In addition to the new offences relating to sexual exploitation of children, there will be new offences relating to the sexual exploitation of adults.
A new offence of trafficking people for sexual exploitation.
Last update: Monday, September 01, 2008