As some of you may have noticed I recently looked back at the Sexual Offences Act 2003. Given that most of it is in force now I decided to address the issues that it presents.
I wish that the Act made it easier to engage in your preferred sexual activity. But unfortunately even though the secretary of state responsible for drafting it was having an affair with a married woman at the time it is actually the strictest set of laws we've had on sex for a long time (in some case lterally
'the strictest ever'.)
I plan to go through the Act concentrating on what I consider the key elements. The link to the Act is
http://www.opsi.gov.uk/acts/acts2003/20030042.htm and you should feel free to check out the sections and read it through. For brevity i'm going to have to summarise, so if I say something that you think doesn't quite fit post and i'll explain.
1)
Entirely new offences:
Section 2 Assault by penetration - a new offence for penetration of the 'vagina or anus' with an object of body part (other than the penis).
Section 4 Causing a person to engage in sexual activity without consent - a new offence of causing people to penetrate each other against their will - includes forcing a woman to digitally penetrate herself. Or performing a blowjob on a man without his consent.
Section 11 Engaging in sexual activity in the presence of a child.- Now the key here is
'for sexual gratification' the problem is that everytime adults engage in sexual activity they do so for sexual sexual gratification. Now this probably won't cover parents who kiss in front of their children: but you'll notice there is no minimal age - so caressing your wife infront of a 2 month old child would count. This also covers anybody who 'fumbles' (shall we say), in a park or in the cinema could easily be guilty of this offence.
Section 12 Causing a child to watch a sexual act - now basicly this covers showing porn to people under 16. Now some people do watch porn together: brothers for instance. Again there is the problem of
'for sexual gratification'. If you are watching porn with some one then you are probably watching that porn for sexual gratification. The key thing is the impact is
section 13 Child sex offences committed by children or young persons - this means that if two 14 year old boys watch porn together then the one who put it on is committing an offence (the age limit in s.12 only affects sentence, over 18 = 10 years, under 18 = 5 years)
Section 15 Meeting a child following sexual grooming etc - Now if having met or communicated with a person under 16 on at least two earlier occasions, you intentionally meet the child again, or travel somewhere with the intention of meeting him in any part of the world. at the time you intend to do anything to or in respect of the child, during or after the meeting that is any sexual offence that is a crime. We call this type of crime a 'thought crime'.
Section 61 Administering a substance with intent - Drink spiking. But just for spiking (not for doing anything sexual) you are liable to 10 years.
Section 63 Trespass with intent to commit a sexual offence - Essentially if you go behind the bar of a pub intending to kiss the barmaid and you don't know that the barmaid consents to being kissed then you are liable for 10 years (whether you kiss her or not). This amounts to any form of tresspass, including surprising your wife/girlfriend at work. If your wife/girlfiend says she would not have consented to kissing you: you are screwed.
Section 70 Sexual penetration of a corpse - FOR THE FIRST TIME EVER IN ENGLAND, here it is 'necrophilia is illegal. Note that it includes an act of penetration with a part of his body or anything else (dildo, pen, cigarette etc) what is penetrated is a part of the body of a dead person (vagina, mouth, anus, cut or wound, nose etc.). So it's pretty wide considering it carries 2 years in prison.
2)
Modifications to existing Offences:
Section 1 Rape - rape now includes non consentual penetration by the penis of the mouth.
Section 45 Indecent photographs of persons aged 16 or 17 - The Protection of Children Act 1978 is amened so that paedophilic pictures (both real and 'psuedo' pictures) is changed so that a 'child' now means anyone under 18. despite the fact that a 17 year old can consent to sex. So don't video/photo your 17 year old girlfriend and you 'on the job' and be careful of any manga's involving 17 year olds kissing.
Section 69 Intercourse with an animal - bestiality now includes the animal's anus. Bestiality now includes 'allowing yourself' to be penetrated anally or vaginally. So anybody raped by a dog and is 'reckless' ie. you knew the dog was bigger than you but you are still in it's presence, then they are guilty. Bare in mind also
section 79 Part 1: general interpretation (10) In relation to an animal, references to the vagina or anus include references to any similar part - this covers animals like jelly fish or coral or a slug: ensuring that all of these 'vulnerable' animals are protected.
Generally pretty much every offence has increased the maximum prison time. The following offences are now maximum penalty Life Imprisonment: sections 1, 2, 4, 5, 6, 8, 30, 31, 34, 35 and 47.
3)
Modification to Evidence Rules to make it easier to convict
Section 76 Conclusive presumptions about consent - (2)(a) the defendant intentionally deceived the complainant as to the nature or purpose of the relevant act; so if you promise your girlfriend that you won't ejaculate during a blowjob when you know you will, or she says 'no tongues in a kiss and you planned to anyway. It is presumed that she did not consent and you are therefore GUILTY.
Section 76 (2)(b) the defendant intentionally induced the complainant to consent to the relevant act by impersonating a person known personally to the complainant. - now this covers people pretending to be husbands or boyfriends. BUT the key is that parliament has not added the words "where the victim would not have consented anyway" so if you pretend to be a girl's boyfriend inorder to get her to kiss you (or sleep with you) and she admits that she always fancied you anyway and says she consents: it doesn't matter, you are still GUILTY.
Section 75 Evidential presumptions about consent: now subsec. (2) contains a list you can look at. If any of this circumstances occur then IT IS FOR THE DEFENDANT TO PROVE HIS INNOCENCE (so any concept of innocent until proven guilty is gone). Of note are:
(a) any person was, at the time of the relevant act or immediately before it began, using violence against the complainant or causing the complainant to fear that immediate violence would be used against him; So that is Dante screwed.
(d) the complainant was asleep or otherwise unconscious at the time of the relevant act; Try not to wake up your partner or wife with a romantic surprise!
I've tried to keep my synopsis largely unbias. You may agree or disagree with particular sections as you see fit. But the fact that we now live in a society where sexual activity is more heavily regulated than it has ever been is simply unarguable
EDIT: to make it easier to read i've put all quotes from the Act in Italics.
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