Sexual Offences Act 2003 (Chapter 42)
The Sexual Offences Act Chapter 42 was enacted to introduce new provisions in relation to sexual offences, their prevention and the protection of children from harm from other sexual acts. Part 1 makes new provision about sexual offences. It covers the non-consensual offences of rape, assault by penetration, sexual assault, and causing a person to engage in sexual activity without consent. It defines “consent” and “sexual” and sets out evidential and conclusive presumptions about consent. It covers child sex offences and offences involving an abuse of a position of trust towards a child. Familial child sex offences and offences involving adult relatives are provided for, as are offences designed to give protection to persons with a mental disorder. Offences are also covered relating to prostitution, child pornography, and trafficking. It provides for preparatory offences, such as administering a substance with intent to commit a sexual offence, and a number of miscellaneous offences, such as voyeurism and intercourse with an animal. Section 72 grants extraterritorial jurisdiction over certain offenses that would be considered crimes under Part 1 if committed in England, Wales, or Northern Ireland. These offenses specifically involve acts against children under 16 in England and Wales or under 17 in Northern Ireland. While the Part primarily applies to England and Wales, some provisions also extend to Northern Ireland. Part 2 contains measures for protecting the public from sexual harm such as the notification requirement for sex offenders which obliges them to provide their personal details to the police. This Part applies to England, Wales, and Northern Ireland, and also extends to Scotland, except for Schedule 4 and provisions related to risk of sexual harm orders. Part 3 contains general provisions relating to the Act, including minor and consequential amendments and commencement provisions.
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- 2003
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Jurisdiction