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(UK) Sexual Offences II, Key Changes to the 2003 Act - Coggle Diagram
(UK) Sexual Offences II
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Other Offences
Section 66 - Exposure:
- A person commits an offence if -
- (a) he intentionally exposes his genitals, and
- (b) he intends that someone will see them and be caused alarm or distress
- Gender neutral
- Note: common law offence of outraging decency
Section 67 - Voyeurism:
- 4 different ways -
- (1) Observes the victim in doing a private act;
- (2) Operates equipment to enable another person to do (1);
- (3) Records the victim doing a private act with the intention that he or another person will look at it
- MR for all the above -
- For the purposes of sexual gratification
- Knowledge that the victim does not consent
Section 67A - Additional Offences:
- AR:
- A operates equipment beneath the clothing of another person, B;
- In circumstances where the genitals, buttocks, or underwear would not otherwise be visible;
- B does not consent
- MR:
- Intention that A or another will observe B's genitals or buttocks (whether exposed or covered with underwear), or the undewear covering B's genitals or buttocks;
- Intention to obtain sexual gratification, or to humiliate, alarm or distress B,
- A does not have reasonable belief in consent of B
Section 68 - Voyeurism (interpretation):
- For the purposes of S.67, a person is doing a private act if the person is in a place, which in the circumstances, would reasonably be expected to provide privacy, and -
- (a) the person's genitals, buttocks or breasts are exposed or covered only with underwear,
- (b) the person is using a lavatory, or
- (c) the person is doing a sexual act that is not of a kind ordinarily done in public
R v Hamilton [2007]:
- Offence of outraging public decency -
- i) The act was of such a lewd character as to outrage of public place; and
- ii) Took place in a public place and must have been capable of being seen by two or more persons who where actually present, even if they had no actually seen it
Section 69 - Intercourse with an animal:
- A person commits an offence if -
- (a) he intentionally performs an act of penetration with his penis,
- (b) what is penetrated is the vagina or anus of a living animal, and
- (c) he knows that, or is reckless as to whether, that is penetrated
- A person (A) commits an offence if -
- (a) A intentionally causes, or allows, A's vagina or anus to be penetrated,
- (b) the penetration is by the penis of a living animal, and
- (c) A knows that, or is reckless as to whether that is what A is being penetrated by
Sexual penetration of a corpse - Sexual penetration of a corpse (necrophilia):
- A person commits an offence if -
- (a) he intentionally performs an act of penetration with a part of his body or anything else,
- (b) what is penetrated is part of the body of a dead person
- (c) he knows that, or is reckless as to whether, that is what is penetrated, and
- (d) the penetration is sexual
Section 71 - Sexual activity in a public lavatory:
- A person commits an offence if -
- (a) he is in a lavatory to which public a a section of the public has or is permitted to have access, whether on payment or otherwise,
- (b) he intentionally engages in an activity, and
- (c) the activity is sexual
- FOr the purposes of this section, an acitvity is sexual if a reasonable person would, in all circumstances but regardless of any person's purpose, consider it to be sexual
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