Flashcards
CSE
Cards in this deck (49)
- 1S5 S6 S7 S8 WHAT IS AGE OF VIC?RAP of CHILD
ASSAULT BE PEN. OF CHILD
SEXUAL TOUCHING OF CHILD
CAUSING SEXUAL ACTIVITY OF CHILD
U13 - 2SEXUAL ACTIVITY WITH A CHILD S9 age of DP? age of vic? What defence available?someone 18+
INTENTIONALLY TOUCHES
SEXUAL MANNER
U16
U13 - no consent
DEF: Thought over 16 - 3What is the penalty for s9? penetration and without?14yrs
6mnth - 4s10 CAUSING OR INCITING A CHILD TO ENGAGE IN SEXUAL ACTIVITYAGES 18+
INTENTIONALLY
CAUSES OR INCITES
ANOTHER WHO IS U16/U13 TO ENGAGE IN SEXUAL ACTIVITY - 5S11 ENGAGING IN SEXUAL ACTIVITY IN THE PRESENCE OF A CHILDPERSON AGED 18+
PURPOSE OF OBTAINING SEXUAL GRATIFICATION
INTENTIONALLY ENGAGE IN SEXUAL ACTIVITY
ANOTHER IS PRESENT/SOMEWHERE CAN BE OBSERVED
INTENDS TO BE AWARE - 6S12 CAUSING A CHILD TO WATCH SEXUAL ACTIVITYSOMEONE 18+
PURPOSE OF OBTAINING SEXUAL GRATIFICATION
INTENTIONALLY CASES ANOTHER U16/U13
-TO WATCH 3RD PERSON ENGAGE IN SEXUAL ACTIVITY
-OR TO LOOK AT AN IMAGE - 7PUNISHMENT FOR S11/12?10 YRS CROWN/ 6 MNTHS MAG
- 8Is it necessary for vic/child to see the act? What if child eaves a room before offence?No, just in vantage point to see
No offence, no longer in view point - 9If offences 9-12 are committed by someone U18, what is the max sentence?5 YEARS
S13 - 10S14 ARRANGING OR FACILITATING CSO PENALTY? Is it an offence even if the sexual offence doesn't take place?14 YRS/6YRS
ARRANGING/FACILITATING what
INTEND TO DO THEMSELVES/ BELIEVE OTHERS WILL DO
INVOLVED 9-13
Yes - 11S15 MEETING A CHILD FOLLOWING SEXUAL GROOMING HINT: M/C How many times where intention to? travel WHat is vic age?SOMEONE 18+
MET/COMMUNICATED with ANOTHER
ONE OR MORE OCCASIONS
and later:
-MEETS
-TRAVELS ANYWHERE IN WORLD W INTENTION OF MEETING
-ARRANGES TO MEET ANYWHERE
-VIC TRAVELS WITH INTENTION TO MEET
-VIC U16 - 12Do the one or more initial communications need to be of sexual nature? WHat must the perpetrator have intended to do upon meeting?No
Intended to commit PART 1 SEXUAL OFFENCES - at time of meeting or after - 13s15A SEXUAL COMMUNICATIONS WITH CHILD Punishment?SOMEONE 18+
INTENTIONALLY COMMUNICATES
FOR SEXUAL GRATIFICATION
COMMUNICATION IS SEXUAL OR INTENDED TO ENCOURAGE FROM VIC
VIC U16
2YRS IMPRIS/6NTHS - 14What is considered sexual communication?What reasonable person would consider sexual
Relates to sexual activity - 15What do S16-19 refer to?People abusing positions of trust
16.Abuse of position of trust: sexual activity with a child
17.Abuse of position of trust: causing or inciting a child to engage in sexual activity
18.Abuse of position of trust: sexual activity in the presence of a child
19.Abuse of position of trust: causing a child to watch a sexual act - 16What must the age of the victim be? What position put offender have?U18!!!!
POSITION OF TRUST - 17WHat are the 2 defences to position of trust offences?MARRIED AT TIME OF OFFENCE AND VIC 16+
WERE IN A LAWFUL RELATIONSHIP BEFOREHAND - 18S25-26 SEXUAL ACTIVITY WITH A CHILD FAMILY MEMBERIntentionally TOUCHING,
SEXUALLY
RELATIONSHIP IS: Parent, grandparent, bro/sis, step bro/sis, aunt'uncle, foster parent
OR: lived in same household,regularly involved in care, has been step parent, are cousins, has been step parent, same parent/foster - 19What must be proven? What age must vic be? what is penalty is DP 18+ and inc penetration? What is penalty if U18?Reasonably expected to know fam member
U18/U13
14 YRS
5YRS/6MNTHS - 20What are the defences for S25-26?LAWFULLY MARRIED AT TIME OF OFFENCE
SEXUAL RELATIONSHIP PRE-DATES FAM R/S. - 21S64 PENETRATIVE SEX W ADULT RELATIVE What is age of offender? Age of other?2 YRS IMPRIS./6mnth
DEFENDANT 16+
PENETRATES VAG/ANUS with BODY PART/ANYTHING ELSE
OR PENETRATES MOUTH WITH PENIS
Penetration must be sexual, other person 18+, are related (inc nephew and nieces not cousins) - 22s65 CONSENSUAL SEX W ADULT RELATIVEDEFENDANT 16+
ANOTHER PENETRATES VAG/ANUS with BODY PART/ANYTHING ELSE
OR ANOTHER PENETRATES THEIR MOUTH WITH PENIS
Penetration must be sexual, other person 18+, are related (inc nephew and nieces not cousins) - 23S 47 PAYING FOR SEXUAL SERVICES OF A CHILDAN offence to INTENTIONALLY OBTAIN FOR THEMSELVES SEXUAL SERVICES
FROM A CHILD
BEFORE OBTAINING THESE THEY HAVE MADE A PROMISE OF PAYMENT
KNOWS ANOTHER HAS MADE A PROMISE OF PAYMENT - 24What does payment inc?Includes money as well as debts, anything that can be of financial advantage
- 25If vic U13, what is punishment? u18 and inc penetration?Life
14 yrs - 26S48 INTENTIONALLY CAUSING OR INCITINGOFFENCE TO
CAUSE OR INCITE
ANOTHER TO BECOME
A PROSTITUTE/ TO BE INVOLVED IN PORN
IN ANY PART OF THE WORLD - 27S49 INTENTIONALLY CONTROLLING ACTIVITIESOFFENCE TO
INTENTIONALLY CONTROL ACTIVITIES OF
PROSTITUTION/ PORNOGRAPHY
IN ANY PART OF THE WORLD - 28S50 ARRANGING OR FACILITATINGOFFENCE TO
ARRANGE OR FACILITATE
PROSTITUTION/INVOLVEMENT IN PORNO
IN ANY PART OF THE WORLD - 29How much images have been taken? i.e. video, phone Does the prostitute need to have provided the service for offence to be complete?irrelevant. Only indecent aspect of image counts
No - 30Does controller have to have made a gain?No. Not like adult proz offences
- 31s160 CJA INDECENT IMAGESOFFENCE FOR PERSON TO HAVE
INDECENT
IMAGES
PSEUDO IMAGES
OF CHILD
IN THEIR POSSESSION - 32Definition of a child for this what do pseudo images include?Anyone that appears to be U18
Cartoons, digitised images - 33Is an image of a child's head cellotaped to adult body a pseudo-image? WHat if images have been deleted from a harddrive? Will this constitute an offence?No. Nt unless scanned as one image
No. No longer in possession if deleted from recycling bin - 34WHat are defences for s160 CJA? (4)Had a legitimate reason
Had not seen the images and had no reason to SUSPECT INDECENT
Was sent to them and had no knowledge, didn't keep it for unreasonable time
was MARRIED to child, or lived as PARTNERS in enduring fam rs - 35S69 SERIOUS CRIME ACT POSS OF A PAEDO MANUALOFFENCE TO BE IN POSSESSION
OF ITEM/ELECTRONIC DOCUMENT
GIVES ADVICE
HOW TO CSE - 36What does sexually abusing mean?Anything in part 1 aka rape, sexual touching etc and indecent images
- 37Who's authority is required to prosecute?DPP
- 38DEFENCES FOR PAEDO MANUALHADNT: VIEWED, READ, LISTENED
DIDN'T KNOW AND HAD NO REASON TO SUSPECT THAT IT CONTAINED THAT
WAS SENT TO THEM WITHOUT THEIR REQUEST AND THEY DIDN'T KEEP IT FOR UNREASONABLE TIME - 39S1 PROTECTION OF CHILDREN'S ACT MAKING INDECENT PHOTOS OF CHILDREN What else is it an offence to do with these images?OFFENCE TO
TAKE, PERMIT TO BE TAKEN, MAKE AN IMAGES
OFFENCE TO DISTRIBUTE, CAUSE TO BE
OFFENCE TO HAVE THEM IN POSSESSION
OR PUBLISH OR CAUSE TO BE PUBLISHED - 40What counts as MAKING a photo? Does downloading an image from an unsolicited email count as making?Downloading/ voluntarily browsing online for them
No, unless email stated specifically what it was - 41Defences for making/distributing etc of indecent imageslegitimate reason
didnt know of image/had reason to sus
married at time 16+vic
for prevention/detection of crime
member of security service/GCHQ - 42Who's consent required to secure prosecution for making/distributing indecent imagesDPP
- 43S62 CORONERS AND JUSTICE ACT POSSESSION OF PROHIBITED IMAGE OF CHILD What images do these not include?Doesn't inc indecent/pseudo.
IS MOVING OR STILL IMAGE
the image is PORNOGRAPHIC in nature (purpose purely sexual) - 44What does a prohibited image include?focus on child's genital
sexual interc. in presence of child
penetration of child
performance of child on animal (dead, alive or imaginary)
or bestiality in presence of child - 45Defences?Legitimate reason to hold pic
Dint know/reason to suspect
Was sent to them/ didnt keep for unreasonable time - 46What must the images be? HINT: GROSSGrossly offensive
disgusting
obscene - 47S63 CRIMINAL JUSTICE AND IMMIGRATION ACT EXTREME PORNO IMAGES What does extreme porno images inc?Grossly offensive, disgusting, obscene
EXPLICIT AND REALISTIC ACT:
THREATENS PERSONS LIFE
ACT WHICH WILL RESULT IN SERIOUS INJURY TO PRIVATE BITS
INTERFERENCE WITH HUMAN CORPSE
SEXUAL ACT ON ANIMAL DEAD OR ALIVE
A reasonable person would think the images are real - 48CAN NOTICES BE GIVEN TO HOTELS TO OBTAIN INFO? WHAT INFO?Can be given to owner, manager etc of any
HOTEL/GUEST HOUSE/SIMILAR KIND
if REASONABLY BELIEVE
HAS BEEN/WILL BE USED FOR
CSE, PREPARATORY OFFENCES, CONDUCT CONNECT WITH CSE - 49How long down the notice apply for? What info can be requested? Is it an offence to not comply? or give wrong info?Max 6 months
Info on guest names, addresses, and other info wanted by secretary of state
Y. an offence to not comply or provides incorrect info and knows incorrect
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- NIE (SEXUAL OFFENCES) Flashcards on CSE, created by Isa - on 23/02/2020.
- Created by
- Isa - · Feb 2020
- Updated
- Feb 27, 2020
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