What UK Sexual Offences Act 2003 Section 25 - Sexual Activity with a Child Family Member requires
Section 25 of the Sexual Offences Act 2003 makes it an offence intentionally to touch another person (B) who is under 18 and a family member, where the touching is sexual and A knows or could reasonably be expected to know that B is a family member. Family relationship is defined broadly per Section 27 - including parent, grandparent, brother, sister, half-sibling, aunt, uncle, foster parent, step-parent, cousin, and any person living in the same household with caring/exercising parental functions. Penalty: where A is 18 or over - on summary conviction up to general magistrates' court limit or fine; on indictment up to 14 years (subsection (4)). Where A is under 18 - on summary conviction up to general magistrates' court limit or fine; on indictment up to 5 years (subsection (5)). Subsection (6) defines the penetrative circumstances that trigger the subsection (4) indictment-only route. Reasonable belief defence: defendant reasonably believed B was 18 or over (unless B was under 13 - absolute liability).
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/25
SHA-256 integrity: 8344280e0e2d23f2a644857fe4551700a28b9c8b5f51a33446f1efe0ef8b8a13
Primary Citations — 10 traced to source
- Sexual Offences Act 2003 (c. 42) Section 25 (Sexual activity with a child family member) subsection (1): 'A person (A) commits an offence if (a) he intentionally touches another person (B), (b) the touching is sexual, (c) the relation of A to B is within section 27, (d) A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, 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/25)
- Sexual Offences Act 2003 Section 25(4): adult perpetrator (18+) penalty - summary up to general magistrates' court limit or fine, indictment up to 14 years. No life imprisonment under Section 25.
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