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Sexual Offences: as defined in Law
It must be noted that sexual offences are highly gendered: they are predominantly committed by men and women are predominantly the victims. Men can also be victimised and it is important to remember that they are predominantly victimised by other men. Sexuality is irrelevant: Assumptions that victims and / or perpetrators are gay are incorrect. Masculinity ideals – about what it means to be a man – make it difficult for men to report rape.
My main problem was dealing with the fact that men can get raped
too. Others said I should have beaten him up or been more of a man
or that it was a lesson for being seen as a bit promiscuous at times.”
(Cambridge 2014 p.20) The law on rape recognises both transgender victims and perpetrators are recognised in law (Sexual Offences Act s.79(3))
Rape
s. 1 Sexual Offences Act 2003 Rape can only be committed by a person with a penis. Forced oral sex i.e. where someone’s mouth is penetrated by a penis is rape.
Men as well as women can be victims of rape. Men are raped anally or by the mouth by other men Penetration means to the slightest extent. Ejaculation is not necessary. Sexuality is irrelevant. Women cannot commit rape in law but if a woman forced a man to have sex with her it would be another sexual offence of equal seriousness – most likely s.4 – causing sexual activity – below. It is also important to understand that many people have difficulty defining or labelling an act as rape, particularly when it involves those close to them – such as partners. Relationship is irrelevant.
Assault by Penetration
S.2 Sexual Offences Act 2003 Both men and women can commit this offence. Both men and women can be victims. Penetration of the mouth is not included here. Objects would be things like bottles, dildo. Body parts would be fingers, tongue, fist, nose, elbow.
Penetration by
object or other
body part (e.g.
fingers, tongue)
without consent
Vagina Anus
- The absence of a ‘No’ does not mean that sex is consensual: a clear ‘No’ is not required
- Someone who is asleep or unconscious cannot consent to sexual activity
- Someone who is very drunk or drugged may not have capacity to give consent
- Someone may submit out of fear or have a freeze response
These offences (above) are the main
adult sexual offences and the child sexual
offences mirror them.
Grooming
The NSPCC defines grooming as:
“Grooming is when someone builds an emotional connection with a child to gain their trust for the purposes of sexual abuse, sexual exploitation or trafficking. Children and young people can be groomed online or face-to-face, by a stranger or by someone they know - for example a family member, friend or professional” https://www.nspcc.org.uk/preventing-abuse/child-abuse-and-neglect/grooming/
s. 14 Sexual Offences Act 2003
The relevant sexual offences relate to arranging or facilitating anything that will involve the commission of a child sex offence by that person or for another, foe example:
- driving someone to meet a child or making a room available in your house for commission of a child sex offence CONSENT CHOICE FREEDOM CAPACITY
s. 15 Sexual Offences Act 2003
- Where offender (over 18) has met or communicated with an under-16 on one or more occasions (the communication does not have to be sexual)
- and then meets them or travels or arranges to travel to meet them (or the child travels) with the intention to do anything that would be a sexual offence. https://www.nspcc.org.uk/preventing-abuse/child-abuse-and-neglect/grooming/
s.15A Sexual Offences Act 2003
Designed to catch paedophiles in the early stages of grooming: any communication that is sexual or intended to encourage the child to make a sexual communication. This was added by the Serious Crime Act 2015 following NSPCC campaign. Allows police to intervene early in the grooming process where adult is flattering the child to gain trust, particularly in online sexualised chat
Abuse of trust offences
These are all the child sexual offences but applied to 16 and 17 yr olds where the adult is in a position of trust such as a teacher or carer, trainer, any supervisory position. The 17 year old might be sexually mature and consenting in fact – they may even instigate it - but in law any sexual activity is illegal. This is to protect this age group from sexual abuse.
