Equality Alliance

SEX OFFENCES IN ENGLAND AND WALES

Statute Law

Sexual Offences Act, 1956

OffenceShort DefinitionPenalty Range
1. Rape of woman or manVaginal or anal sexual intercourse without consent; inducement of a married woman to have unlawful sexual intercourse by impersonating her husband.On indictment - Life
Attempted rape - Life
2. Procurement of a woman by threatsTo procure a woman by threats or intimidation to have unlawful sexual intercourse.On indictment - 2 years
Attempted procurement - 2 years
3. Procurement of a woman by false pretencesTo procure a woman by false pretences or false representations to have unlawful sexual intercourse.On indictment - 2 years
4. Administering drugs to obtain or facilitate intercourseTo apply or administer or cause to be taken any drug, matter or thing with intent to stupefy or overpower her for the purposes of unlawful sexual intercourse.On indictment - 2 years
5. Intercourse with a girl under thirteen On indictment - Life
Attempted intercourse - 7 years
6. Intercourse with a girl under sixteenWhere a man has reached his 24th birthday, or has previously been charged with a similar offence (unless he believes her to be sixteen or over and has reasonable cause for that belief), or the act within a marriage.On indictment - 2 years (a prosecution may not be commenced more than twelve months after the offence charged)
Attempted intercourse - 6 months and/or the statutory maximum
Summarily - 6 months and/or the statutory maximum
7. Intercourse with a defective Sexual intercourse with a woman who is a defective unless he does not know and has no reason to suspect her to be a defective.On indictment - 2 years
9. Procurement of defectiveTo procure a woman who is a defective to have sexual intercourse unless he does not know and has no reason to suspect her to be a defective.On indictment - 2 years
10. Incest by a manSexual intercourse with a woman he knows to be his granddaughter, daughter, sister (including half sister) or mother.On indictment - life if with a girl under 13, otherwise 7 years (a prosecution may not be commenced except by or with the consent of the DPP)
Attempted incest - 7 years with a girl under 13, otherwise 2 years (a prosecution may not be commenced except by or with the consent of the DPP)
11. Incest by a womanTo consent to sexual intercourse with a man she knows to be her grandfather, brother (including halfbrother) or son.On indictment - 7 years (a prosecution may not be commenced except by or with the consent of the DPP)
Attempted incest - 2 years (a prosecution may not be commenced except by or with the consent of the DPP)
12. BuggeryWhere one of the parties is under the age of 18, or the act does not take place in private (where no more than two persons are present, and/or the venue is not in a lavatory to which the public is permitted to have access).On indictment - life if with a person under the age of 16 or with an animal. If the accused is over the age of 21 and the other person under the age of 18 - 5 years, otherwise 2 years.
Attempted buggery - life if with a person under the age of 16 or with an animal. If the accused is over the age of 21 and the other person under the age of 18 - 5 years, otherwise 2 years.
13. Indecency between menFor a man to commit an act of gross indecency with another man whether in private or in public, to be party to such an act, or to commission the act.On indictment - 5 years if by a man of 21 or over with a man under 18, otherwise 2 years.
Summarily - 6 months and/or the statutory maximum.
Attempt to procure (on indictment) - 5 years if by a man of 21 or over with a man under 18, otherwise 2 years.
Summarily - 6 months and/or the statutory maximum.
14. Indecent assault on a woman On indictment - 10 years
Summarily - 6 months and/or the statutory maximum
15. Indecent assault on a man On indictment - 10 years
Summarily - 6 months and/or the statutory maximum
16. Assault with intent to commit buggery On indictment - 10 years
17. Abduction of woman by force or for the sake of her propertyTo take away or detain a woman against her will with the intention for her to marry or have unlawful sexual intercourse if taken either by force or for the sake of her property.On indictment - 14 years
19. Abduction of unmarried girl under 18 from parent or guardianTo take a girl without the will of the parent or guardian for the intention of unlawful sexual intercourse unless it is believed that the girl is aged 18 or over or has reasonable cause to believe so.On indictment - 2 years
20. Abduction of unmarried girl under 16 from parent or guardianA person acting without lawful authority or excuse to take an unmarried girl under the age of 16 out of the possession of her parent or guardian.On indictment - 2 years
21. Abduction of defective from parent or guardianTo take a woman who is a defective against the will of the parent or guardian with the intention for her to have unlawful sexual intercourse unless he does not know and has no reason to suspect her to be a defective.On indictment - 2 years
22. Causing prostitution of womenTo take a woman to become a common prostitute, or to frequent a brothel.On indictment - 2 years
Attempted procurement - 2 years
24. Detention of woman in brothel or other premisesTo detain a woman against her will with the intention that she has unlawful sexual intercourse, or to detain her in a brothel.On indictment - 2 years
25. Permitting girl under 13 to use premises for intercourse On indictment - life
26. Permitting girl under 16 to use premises for intercourse On indictment - 2 years
Summarily - 6 months and/or statutory maximum
27. Permitting defective to use premises for intercourse On indictment - 2 years
28. Causing or encouraging prostitution of, intercourse with, or indecent assault on, girl under 16Persons treated as having responsibility for a girl are her parents, any person who has parental responsibility, or any person who has care (unless a residence order under the Children Act 1989 applies and the person responsible as defined above are not named, or, a care order under that Act applies).On indictment - 2 years
29. Causing or encouraging prostitution of a defectiveUnless he does not know that she is a defective and has no reason to believe that she is so.On indictment - 2 years
30. Man living on the earnings of prostitutionWholly or in part. A man who lives with or is habitually in the company of a prostitute, or who exercises control, direction or influence in a way which shows he is aiding, abetting or compelling her prostitution is presumed to be knowingly living on the earnings of prostitution, unless he can prove otherwise.On indictment - 7 years
Summarily - 6 months and/or statutory maximum
31. Woman exercising control over prostituteFor purposes of gain to exercise control, direction or influence over a prostitute in a way which shows she is aiding, abetting or compelling her prostitution.On indictment - 7 years
Summarily - 6 months and/or statutory maximum
32. Solicitation by menFor a man to solicit persistently or importune in a public place for immoral purposes.On indictment - 2 years
Summarily - 6 months and/or statutory maximum
33. Keeping a brothelTo keep, manage or act or assist in the management of keeping a brothel.Summarily - for an offence committed after a previous conviction, 6 months or level 4 on the standard scale or both, otherwise 3 months or level 3 on the standard scale or both
34. Landlord letting premises for use as a brothelIn the knowledge that it is going to be used, in whole or in part, as a brothel, or to allow such use to continue.Summarily - for an offence committed after a previous conviction, 6 months or level 4 on the standard scale or both, otherwise 3 months or level 3 on the standard scale or both
35. Tenant permitting premises to be used as a brothel Summarily - for an offence committed after a previous conviction, 6 months or level 4 on the standard scale or both, otherwise 3 months or level 3 on the standard scale or both
36. Tenant permitting premises to be used for prostitution Summarily - for an offence committed after a previous conviction, 6 months or level 4 on the standard scale or both, otherwise 3 months or level 3 on the standard scale or both

Street Offences Act, 1959

1. Loitering or soliciting for the purposes of prostitutionWomen onlySummarily - for an offence committed after a previous conviction, fine not exceeding level 3, otherwise fine not exceeding level 2

Mental Health Act, 1959

128. Sexual intercourse with patientsFor a man who is an officer on the staff of or is otherwise employed in, or is one of the managers of, a hospital or mental nursing home with a woman who is a patient receiving treatment for mental disorder;
For a man who is in a position of guardianship under the mental health acts to have sexual intercourse with a woman who is a mentally disordered patient.
On indictment - 2 years

Indecency with Children Act, 1960

1. Indecent conduct towards a young childCommits an act of gross indecency with or towards a child under the age of 14, or who incites a child under that age to such an act with him or another.On indictment - 2 years
Summarily - 6 months and/or statutory maximum

Sexual Offences Act, 1967

4. Procuring others to commit homosexual actsTo procure another man to commit with a third man an act of buggeryOn indictment - 2 years
5. Living on earnings of male prostitutionA man or woman who knowingly lives wholly or in part on the earnings of prostitution of another manOn indictment - 7 years
Summarily - 6 months

Criminal Law Act, 1977

54. Inciting girl under 16 to have incestuous sexual intercourseWhere a man knows that she is his granddaughter, daughter or sister (including half sister)On indictment - 2 years
Summarily - 6 months and/or the statutory maximum

Protection of Children Act, 1978

Indecent photographs of childrenTo take, permit to be taken make, distribute, show, have in possession any photographs of a child - or advertising likelly to convey that the advertiser distributes or shows such indecent photographs or pseudo photographs, or intends to do so.On indictment - 3 years and/or fine
Summarily - 6 months and/or fine

Sexual Offences Act, 1985

1. Kerb-crawlingBy persistently soliciting a woman or women for the purpose of prostitution from a motor vehicle while it is in a street or public place, or in a street or public place while in the immediate vicinity of motor vehicle that he has just got out of or off, in a manner likely to cause annoyance to the woman solicited or nuisance to other persons in the neighbourhood.Summarily - fine not exceeding level 3
2. Persistent soliciting of women for the purpose of prostitutionIn a street or public place.Summarily - fine not exceeding level 3

Criminal Justice Act, 1988

160. Summary offence of possession of indecent photograph of a child.Summarily - 6 months and/or fine not exceeding level 3

Vagrancy Act, 1824

4. Indecent exposureAny person wilfully, openly, lewdly and obscenely exposing his person with intent to insult any female ... shall be deemed a rogue and a vagabond.
(Exposure of the person = penis
- - mooning is not covered by this legislation).
Summarily - 3 months and fine not exceeding level three (on first occasion)
On second conviction and committal to Crown Court - 1 year

Town Police Clauses Act, 1847

28. Indecent exposure in the streetThrough committing one of the listed offences "in any street to the obstruction, annoyance or danger of the residents or passengers".Summarily - 14 days or fine not exceeding level three
35. Allowing prostitutes on premises"Every person keeping any house, shop, room, or other place of public resort for the sale or consumption of refreshments of any kind, who knowingly suffers common prostitutes or common thieves to assemble and continue in his premises, shall, for every such offence, be liable to a penalty"Summarily - fine on level one

Licensing Act, 1964

175(1).Knowingly allowing the licensed premises to be the habitual resort or place of meeting of reputed prostitutes except for the purposes of obtaining refreshment.Summarily - fine not exceeding level 2
176(1). Permitting the licensed premises to be used as a brothelThis section creates a distinct summary offence and does not supersede the remedy by indictment or under the Sexual Offences Act 1956. If proceedings are taken under this section the defendant cannot be convicted in any other proceedings.Summarily - fine not exceeding level 2

Theft Act, 1968

9. Burglary with intent to rapeThe intention to rape has to be formed before he enters the building.On indictment - in a dwelling, 14 years, in any other case 10 years

Common Law

To outrage public decency (e.g, men bathing naked near inhabited houses or a public way) The essentials ofthe offence are an act committed in public, which is of a lewd, obscene or disgusting nature as amounts to an outrage to public decency.
The purpose of the law is to ensure that "reasonable people may venture out in public without the risk of outrage to certain minimum accepted standards of decency".
In public = two or more people seeing the defendant - it will suffice if only one person saw the act provided other people might also have seen it.
Lewd, obscene or disgusting = must be of an extreme nature so that public decency is outraged.
On indictment

 

URL: http://www.RoseCottage.me.uk/EqualityAlliance-archives/SexOffEngWal.html
Last modified: 14-March-1999