Sexual offences

Sexual Offences Act 2003

The Sexual Offences Act 2003 (SOA 2003) came into force on the 1 May 2004. It repealed almost all of the existing statute law in relation to sexual offences.

The SOA 2003 removed the element of consent from many offences, so that only the act itself and the age of the complainant has to be proved. These offences include those in which the complainant is:

1. •

   a child under 16 (including under 13)

2. •

   a child under 18 having sexual relations with persons in a position of trust

3. •

   a child under 18 involved with family members over 18

4. •

   a person with a mental disorder impeding choice

5. •

   a person with a mental disorder who are induced threatened or deceived, and

6. •

   a person with a mental disorder who have sexual relations with care workers.

The offences where consent must be proved are rape, assault by penetration, sexual assault and causing a person to engage in sexual activity (SOA 2003, ss 1–4).

There are three main provisions in the SOA 2003 relating to consent:

1. •

   the statutory definition of consent