The Sexual Offences Act:Child Sex Offences


The Sexual Offences Act 2009, which came into effect on May 24 this year, creates many new offences. Consumers should become aware of these provisions as the penalties are quite severe.

The Act sells for $4,000 a copy and can be purchased from Parliament Office, Georgetown.
Today we deal with Child Sex Offences
Rape of a child

under 16 years

10. (1) A person (“the accused”) commits the offence of rape of a child under sixteen years of age (“the complainant”) if the accused –

(a) engages in sexual penetration with the complaint; or

(b) causes the complainant to engage in sexual penetration with a third party.

(2) It is irrelevant whether at the time of the penetration the accused believed the complainant to be sixteen years of age or over.

(3) A person who commits an offence under subsection (I) is liable on conviction on indictment to imprisonment for life.

Sexual activity with
a child under 11 years

11. (I) A person (“the accused”) commits the offence of sexual activity with a child under sixteen years of age if the accused –

(a) engages in a sexual activity (not including sexual penetration) with a child who is under sixteen years of age (“the complainant”);

(b) causes the complainant to perform a sexual act including causing the complainant to masturbate.

(2) It is irrelevant whether at the time of the activity the accused believed the complainant to be sixteen years of age or over.

(3) A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for ten years.

Causing a child under 16
years to watch a sexual act

12. (1) A person (“the accused”) commits the offence of causing a child to watch a sexual act if the accused causes a person, who is under sixteen years of age (“the complainant”), to watch the accused or a third person engaging in a sexual activity or to look at an image of a person engaging in a sexual activity.
(2) A person who commits an offence under subsection (1) is liable on summary conviction, to a fine of one million dollars and to imprisonment for five years and on indictment, to imprisonment for ten years.
(3) A person (“the accused”) is not guilty of an offence under this section, if the accused acts for the purpose of –
(a) protecting the complainant from a sexually transmitted infection;

(b) protecting the physical safety of the complainant

(c) preventing the complainant from becoming pregnant; or

(d) promoting the complainant’s emotional well-being by the giving of advice, and not for the purpose of obtaining sexual gratification or for the purpose or causing or encouraging the activity constituting the offence or the complainant’s participation in it.
To be continued….

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