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UK Sexual Offences Act 2003 Section 6 - Assault by Penetration of a Child Under 13

Section 6 of the Sexual Offences Act 2003 makes it an offence for a person intentionally to penetrate the vagina or anus of a person under 13 with a part…

What UK Sexual Offences Act 2003 Section 6 - Assault by Penetration of a Child Under 13 requires

Section 6 of the Sexual Offences Act 2003 makes it an offence for a person intentionally to penetrate the vagina or anus of a person under 13 with a part of his body or anything else, where the penetration is sexual. Absolute liability applies - no reasonable belief in age defence is available, and consent is irrelevant (in line with the absolute SOA 2003 framework for under-13 victims). Penalty: life imprisonment on indictment. Section 6 is the under-13 analogue to Section 2 (assault by penetration), reflecting the SOA 2003 strict liability framework for the most serious offences against young children. R v G [2008] UKHL 37 upheld this absolute liability framework as compatible with Article 6 ECHR fair trial rights.

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/6

SHA-256 integrity: 5d937b7e21891320309db8d5460ca4c98e96a5595c2133823046ab6589c58126

Primary Citations — 10 traced to source

  • Sexual Offences Act 2003 (c. 42) Section 6 (Assault of a child under 13 by penetration) subsection (1): 'A person commits an offence if (a) he intentionally penetrates the vagina or anus of another person with a part of his body or anything else, (b) the penetration is sexual, and (c) the other person is under 13.' (legislation.gov.uk/ukpga/2003/42/section/6)
  • Sexual Offences Act 2003 Section 6(2): a person guilty of an offence under this section is liable on conviction on indictment to imprisonment for life.

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