The Sexual Offences Act Child Sexual Offences (cont’d)

The Child Sex Offences section of the Sexual Offences Act 2009 continues as shown below:

Meeting a child under 16 years following sexual grooming
13. (1) A person eighteen years of age or over (“the accused”) commits the offence of meeting a child following sexual grooming if –

(a) Having met or communicated with another person (“the complainant”) on at least two earlier occasions, the accused –
(i) meets the complainant: or
(ii) travels with the intention of meeting the complainant in any part of the world ;
(b) at the time, the accused intends to do anything to or in respect of the complainant, during or after the meeting and in any part of the world, which if done will involve the commission by the accused of an offence under this act; and

(c) the complainant is under sixteen years of age and the accused does not reasonably believe that the complainant is sixteen years of age or over.
(2) In subsection (1)(a) the reference to the accused having met or communicated with the complainant is a reference to the accused having met the complainant in any part of the world or having communicated with the complainant by any means from, to or in any part of the world.
(3) A person who commits an offence under this section is liable –
(a) on summary conviction, to a fine of one million dollars and to imprisonment for five years;
(b) on conviction on indictment, to imprisonment for ten years.

Close in age defence:
Complainant age 12 to 13
14.Where an accused is charged with an offence under section 10, 11, 12 or 13 in respect of a complainant who is twelve years of age or over but under fourteen years of age, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if the accused –

(a) is less than two years older than the complainant; and (b) is not in a position of trust or authority towards the complainant within the meaning of section 19, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant.

Close in age defence;
complainant age 14 to 16
15. where an accused is charged with an offence under sections 10,11,12 or 13 in respect of a complainant who is fourteen years of age or over but under sixteen years of age, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if the accused-
(a) is less than four years older than the complainant; and

(b) is not in a position of trust or authority towards the complainant with the meaning of Section 19, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant.

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