Sexual offences against children

• Children aged 13-15 (sexual activity with a child):

  • s9
  • s13
• Children under 13:

  • rape of a child (s5)
  • assault by penetration of a child (s6)
  • sexual assault of a child (s7)
• What if v is 13-15 but d thinks they are over 16?

  no liability if mistake is reasonable

  • liable under s9 is d is 18 or over
  • liable under s13 is d is under 18
• s9:

  • sexual activity with a child by an adult
• s13:

  • sexual activity with a child by a child
• actus reus of s9:

  • touching of a person under 16
  • that is sexual in nature
  • by a person aged 18 or over
• mens rea of s9:

  • intention to touch
  • lack of reasonable belief that the child is 16 or over
• actus reus of s13:

  • touching of a person under 16
  • that is sexual in nature
  • by a person under 18
• mens rea of s13:

  • intention to touch
  • lack of reasonable belief that the child is 16 or over