QUESTIONS AND STUDY GUIDE ALL COMPLETE ACCURATE
EXAM APPROVED QUESTIONS AND CORRECT DETAILED
SOLUTIONS WITH RATIONALES (100% CORRECT VERIFIED
ANSWERS) NEWEST UPDATED VERSION 2026 EDITION
|GUARANTEED
Sexual Offences Act 2003
Main statutory provision that governs this area of law.
Automatic barring offence
If you receive a conviction for a serious offence you are
automatically barred from working with children or
vulnerable adults.
RvH
appears to suggest any innocuous activity could be deemed sexual
under
s.78 (b)
R v Burns [2006]
Courts held that touching of breasts amounts to sexual touching.
,R v W [2005]
Courts held kissing V's face amounts to sexual touching.
R v Osmani [2006]
Courts held that D rubbing his penis to V's body amounts to
sexual touching.
Ram v Ram and Ram [1893]
A female can aid and abet the offence where she encourages or
assists a male to penetrate B without B's consent.
s5-12 SOA 2003
Sexual offences against children under 13
MR s4 SOA 2003 (causing engagement in sexual activity)
1. The defendant intends to cause the victim to engage in an activity
which is sexual
2. The defendant does not reasonably believe that the victim consents.
,AR s4 SOA 2003 (causing engagement in sexual activity)
The defendant causing the victim - needn't be the sole cause
1. to engage in an activity which is sexual
2. and the victim does not consent
R v Clarkson and Carroll [1971]
Held that an omission to prevent sexual activity occurring will be
enough to satisfy the AR for s4.
Women forces a man to penetrate her?
This crime would fall under s.4 of SOA rather than s.1
S5 SOA 2003
Rape of a child under 13
s6 SOA 2003
Assault of a child under 13 by penetration
, s.73 SOA 2003
Secondary liability
Provides that as long as the reasoning behind aiding underage sex
(e.g. sex-ed, prescribing contraceptives) is not for the purposes of
sexual
gratification then they will not be held to be secondary parties of
child rape.
AR/MR s5 SOA 2003 (rape of a child)
AR/MR elements are identical to s1.
Only additional requirement is that the other person is under the age
of 13.
Why is mistaken belief of C's age irrelevant for
s5 Lord Hoffman
"The policy of the legislation is to protect children. If you have sex
with someone who is on any view a child or young person, you
take your chance on exactly how old they are."
R v G [2008]
G (aged 15) pleaded guilty to rape of a child under 13 where B had
consented and G had believed her to be over 13 because she had
told him so; HoL stated s.5 was a strict liability offence: belief in
consent or age was irrelevant.