What UK Sexual Offences Act 2003 Section 16 - Abuse of Position of Trust: Sexual Activity with a Child requires
A person aged 18 or over (A) commits an offence under Section 16 if he intentionally touches another person (B), the touching is sexual, A is in a position of trust in relation to B, A meets the knowledge requirements about the trust position, and either B is under 18 and A does not reasonably believe B is 18 or over, or B is under 13 (strict liability). Maximum penalty: 6 months and/or statutory maximum fine on summary conviction; 5 years on indictment. Where the trust position arises only from Sections 21(2)-(5), proof of trust circumstances raises a rebuttable presumption that A knew or could reasonably be expected to be aware of them. Position of trust extended to sports coaching and faith group leadership by PCSC Act 2022.
Pillar: Adult Industry & Sexual Content Compliance · Authority: Parliament of the United Kingdom · Version: 1.0.0 · Last updated:
Primary source: https://www.legislation.gov.uk/ukpga/2003/42/section/16
SHA-256 integrity: 025ae21e6cd4240c26083e399e9bf266ef0fc1e24e88edee9d407f0f1ee3174a
Primary Citations — 8 traced to source
- Sexual Offences Act 2003 (c. 42) Section 16 (Abuse of position of trust: sexual activity with a child) subsection (1): 'A person aged 18 or over (A) commits an offence if (a) he intentionally touches another person (B), (b) the touching is sexual, (c) A is in a position of trust in relation to B, (d) where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and (e) either (i) B is under 18 and A does not reasonably believe that B is 18 or over, or (ii) B is under 13.' (legislation.gov.uk/ukpga/2003/42/section/16)
- Sexual Offences Act 2003 Section 16(2): the knowledge requirement applies if the position of trust arises by virtue of any of Section 21(2)-(5) and no other circumstances.
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