Section 81 Sexual offences against children under 16I1

The Sexual Offences Act 2003 is amended as follows.

After section 8 insert—

“Rape and other offences against children under 16

Rape of a child under 16

8A

(1)

A person aged 18 or over (A) commits an offence if—

(a)

A intentionally penetrates the vagina, anus or mouth of another person (B) with A’s penis, and

(b)

either—

(i)

B is under 16 and A does not reasonably believe that B is 16 or over, or

(ii)

B is under 13.

(2)

A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

Assault of a child under 16 by penetration

8B

(1)

A person aged 18 or over (A) commits an offence if—

(a)

A intentionally penetrates the vagina or anus of another person (B) with a part of A’s body or anything else,

(b)

the penetration is sexual, and

(c)

either—

(i)

B is under 16 and A does not reasonably believe that B is 16 or over, or

(ii)

B is under 13.

(2)

A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

Causing or inciting a child under 16 to engage in sexual activity involving penetration

8C

(1)

A person aged 18 or over (A) commits an offence if—

(a)

A intentionally causes or incites another person (B) to engage in an activity within subsection (2),

(b)

the activity is sexual, and

(c)

either—

(i)

B is under 16 and A does not reasonably believe that B is 16 or over, or

(ii)

B is under 13.

(2)

An activity is within this subsection if it involves—

(a)

penetration of B’s anus or vagina,

(b)

penetration of B’s mouth with a person’s penis,

(c)

penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or

(d)

penetration of a person’s mouth with B’s penis.

(3)

A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.”

In section 73(2) (exceptions to aiding, abetting and counselling) after paragraph (a) insert—

“(aa)

an offence under section 8A or 8B (offences against children under 16);”.

Schedule 11 contains minor and consequential amendments.