Sexual Offences Act 2003
war
OFFENCES
a
AR MR
si s z same Mk
under16
*s.13 technically criminalises two 15 year olds holding hands -> courts have made it clear to avoid prosecuting such
offences
*women can only commit a maximum of s.2 assault as there is no penile penetration requirement
Touching
• s.79(8) states touching includes the touching -
◦ With any part of the body
◦ With anything else
◦ Through anything else
• R v H: touching someone’s clothing is enough to sexually assault them
Sexual
• s.78 defines sexual if a reasonable person would consider (objective test):
◦ Regardless of circumstance or movies, it is clearly sexual by nature (e.g. masturbation, intercourse)
◦ Because of its nature and because of its circumstance or purpose (or both) of the defendant it is sexual
• R v Price The Times: prosecutors should always consider circumstances and purpose to determine whether an act is
sexual
• R v H: when it is ambiguous whether or not act was sexual it is appropriate to ask jury:
◦ Would the jury consider the touching could be sexual
◦ Whether the jury would consider that the purpose of the touching had in fact been sexual
◦ If yes to both -> act is sexual
war
OFFENCES
a
AR MR
si s z same Mk
under16
*s.13 technically criminalises two 15 year olds holding hands -> courts have made it clear to avoid prosecuting such
offences
*women can only commit a maximum of s.2 assault as there is no penile penetration requirement
Touching
• s.79(8) states touching includes the touching -
◦ With any part of the body
◦ With anything else
◦ Through anything else
• R v H: touching someone’s clothing is enough to sexually assault them
Sexual
• s.78 defines sexual if a reasonable person would consider (objective test):
◦ Regardless of circumstance or movies, it is clearly sexual by nature (e.g. masturbation, intercourse)
◦ Because of its nature and because of its circumstance or purpose (or both) of the defendant it is sexual
• R v Price The Times: prosecutors should always consider circumstances and purpose to determine whether an act is
sexual
• R v H: when it is ambiguous whether or not act was sexual it is appropriate to ask jury:
◦ Would the jury consider the touching could be sexual
◦ Whether the jury would consider that the purpose of the touching had in fact been sexual
◦ If yes to both -> act is sexual
