Against Children and Mentally Disordered

• How old are the victims of offences under S5-S8?

  Under 13
• True or false: for S8, causing sexual activity from a child without consent, to be made out, defendant doesn't have to be shown to have intended activity to take place?

  False - defendant needs to intend activity to take place, even if they're not the one receiving it. Further, the activity needs to happen
• For S9, sexual activity with a child, what are the age limits of victim?

  Where A does not reasonably believe B is 16 or over - 16. Where victim is under 13, offence is complete
• With regards to penetration, what is the difference between S9, sexual activity with a child, and S10, causing or inciting a child to engage in sexual activity?

  For S10, victim's mouth is penetrated with penis, in addition to anus or vagina; S9 is limited to anus and vagina only. S10 also includes penetration of any person's anus or vagina by victim, or another person's mouth by victim's penis. S9 limited to victim and defendant/ A and B only
• For S11, sexual activity in presence of a child, what are the age limits of victim?


  Where A does not reasonably believe B is 16 or over - 16. Where victim is under 13, offence is complete.
• What is included in "observation" for S11, sexual activity in presence of a child?

  Direct observation "live", or any image, such as video on a phone
• For S11, sexual activity in presence of a child, does the child need to be aware of what is going on?

  No
• For S12, causing a child to watch a sex act, what does "image" include?

  A moving or still image of a THIRD PERSON, including an imaginary person
• If someone over 18 causes a child to observe them doing a sex act, which offence is committed?

  S11. S12 is when a third person is observed by the victim
• For S12, does the defendant's sexual gratification have to occur alongside the showing the victim a sex act

  No, it does not have to occur concurrently
• Which sections are committed to someone under 16, by someone over 18?

  S9 - sexual activity with a child;

  S10 - causing or inciting a child to engage in sexual activity;

  S11 - sexual activity in the presence of a child;

  S12 - causing a child to watch a sexual act.
• Which sections are committed where the victim is under 16 and the defendant is under 18?


  S13 allows for a defendant under 18 to commit the offences in S9-12, which would be an offence if the defendant was over 18. The offences are therefore: sexual activity with a child; causing or inciting a child to engage in sexual activity; sexual activity in the presence of a child and causing a child to watch a sex act.
• S14 covers which child sex offence?

  Arranging or facilitating the commission of a child sex offence
• Which offences may be arranged or facilitated under S14?

  S5-13:

  S5: Rape of a victim under 13;

  S6: Assault by penetration of a victim under 13;

  S7: Sexual touching of a victim under 13;

  S8: Causing or inciting sexual activity, victim under 13;

  S9: sexual activity with a child;

  S10: causing or inciting a child to engage in sexual activity;

  S11: sexual activity in the presence of a child;

  S12: causing a child to watch a sex act;

  S13: S9-12 done by defendant under 18.
• Which offences cover victims under 13?

  S5-8:

  S5: Rape of a victim under 13;

  S6: Assault by penetration of a victim under 13;

  S7: Sexual touching of a victim under 13;

  S8: Causing or inciting sexual activity, victim under 13.
• What triggers the offence of S15, arranging to facilitating the commission of a child sex offence?

  Following earlier meeting or communication, the offence is triggered by:

  §  Intentional meeting of the victim;

  §  Defendant travelling with intention of meeting victim;

  §  Defendant arranging to meet victim;

  §  Victim travelling to meet defendant, in any part of the world.
• How does S15A, sexual communication with a child, define sexual communication?

  If:

  o   Any part of it relates to sexual activity, OR

  o   A reasonable person would, in all circumstances but regardless of any person’s purpose, consider any part of the communication sexual.
• S16 relates to which sexual offence when not committed by someone in a position of trust?

  S9 - sexual activity with a child
• S17 relates to which sexual offence when not committed by someone in a position of trust?


  S10 - sexual activity with a child
• S18 relates to which sexual offence when not committed by someone in a position of trust?


  S11 - sexual activity in the presence of a child
• S19 relates to which sexual offence when not committed by someone in a position of trust?


  S12 - causing a child to watch a sexual act
• What defence may be available for sections 16-19, where defendant is in a position of trust?

  If both parties were married at the time – but this no longer relevant as age of marriage is now 18, so now applies if sexual relationship existed before position of trust arose.
• What relationships, defined in S27, are relevant for S25 sexual activity with a child family member and S26, inciting a child family member to engage in sexual activity?

  o   Parent, grandparent, sibling, half-sibling, aunt or uncle;

  o   Defendant is/ has been victim’s foster parent.

  o   Defendant and victim lived together in the same household;

  o   Defendant is/ has regularly cared for, trained, supervised or in sole charge of victim AND:

  §  Is or has been step-parent;

  §  Cousins;

  §  Is or has been stepbrother or stepsister OR

  §  Have same parent or foster parent.
• What is the difference between S25, Sexual Activity with a Child Family Member and S26, Inciting a Child Family Member to Engage in Sexual Activity?

  S26 includes a third person being involved in the sexual activity and not just the family member/ A
• True or false: if someone is browsing indecent images of children online and the images appears on the screen for no more than a split second each, no offence involving indecent images of children is committed?

  False - once the images are downloaded, the amount of time they remain on the screen is irrelevant
• When may someone view indecent images of children but not commit an offence?

  Where someone receives an email with an indecent image attached, who did not request the image or email, they have not committed the offence. Even where they opened the image whilst unaware what it is and where it was unlikely to contain an indecent image.
• What is a pseudo-photograph?

  An image made by computer graphics which appears to be a photograph. For the purposes of these offences, this pseudo-photograph gives the impression of a child, even if some of the physical characteristics shown are those of an adult.
• True or false: if indecent images of children were once on a computer but then deleted, the owner of the computer is no longer committing the offence of possession of indecent images of children?

  True - provided their retrieval is impossible and a person cannot gain access, and they are therefore beyond a person’s control.
• Under what circumstances would downloading an indecent image of a child be considered "with a view to distribute"?

  Where the defendant had knowledge that the images were likely to be accessed by others
• What kind of images do not appear to be included in Protection of Children Act 1978, S1, taking, permitting to be taken, making and distributing indecent images of children?

  Images on exposed but undeveloped film
• Under what legislation is conspiring, attempting or inciting the taking, permitting to be taken, making and distributing of indecent images of children?

  S1 and S2 of the Criminal Evidence (Amendment) Act 1997
• The Protection of Children Act 1978, S1A allows a defence where who is in the indecent image?

  The child can be alone, or with the defendant. It cannot show any other person
• Under the Protection of Children Act 1978, S1A, what must be proved to make out the offence?

  That the defendant showed or distributed indecent images of their under 16 spouse to someone other than their child partner
• Under Protection of Children Act 1978, S1B, what defences are available, if proved by the defendant?

  a. Necessary to make image to prevent, detect or investigate crime, or for criminal proceedings in any part of the world OR

  b. At the time of the offence, defendant was a member of the Security Service or Secret Intelligence Service and it was necessary to make the image for the exercise of any function of that service OR

  c. At the time of the offence, defendant was a member of GCHQ and it was necessary to make the image for the exercise of any function of GCHQ.
• What defences may be available to S160 of the Criminal Justice Act 1988, possession of indecent photograph of child?

  a. Legitimate reason for possession OR

  b. They had not seen the photograph themselves and did not know, nor have any cause to suspect, it was indecent.

  c. Photos were sent to defendant without any prior request and defendant did not keep it for an unreasonable amount of time.
• Which offence refers to possession of specifically pornographic images of children?

  Coroners and Justice Act 2009, S62
• What is the wording of the Coroners and Justice Act 2009, S62?

  1. It is an offence for a person to be in possession of a prohibited image of a child.

  2. A prohibited image is one which:

  a. Is pornographic,

  b. Falls within subsection (6) AND

  c. Is grossly offensive, disgusting or otherwise of an obscene character.
• How does the Coroners and justice Act 2009 S62 consider "pornographic"?

  An image of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal.
• What are three of the six acts in S6 of Coroners & Justice Act?

  Image solely or principally of child’s genitals or anal region, OR:

  o Person in act of intercourse or oral sex with or in presence of child;

  o Masturbation by, of, involving or in presence of child;

  o Penetration of vagina or anus of child with part of person’s body or anything else.
• What are three of the six acts in S6 of Coroners and Justice Act 2009?

  Image solely or principally of child’s genitals or anal region, OR:

  o Penetration of vagina or anus of person with part of person’s body or anything else in presence of child.

  o Child in act of intercourse or oral sex with animal (dead, alive or imaginary).

  o Person in act of intercourse or oral sex with animal (dead, alive or imaginary) in presence of child.