Abuse of Trust Offences
There are various offences constituted by abuses of trust involving sexual activity in the presence of a child or causing a child to engage in such activity. A person in a position of trust applies to individuals taking care of persons in institutions under court orders where the latter are detained in residential accommodation or maintained by voluntary organizations for children, as well as individuals in hospitals, clinics, voluntary homes, or residential family homes.
This also applies to individuals teaching or receiving educational instruction for persons under 18, guardians, or certain other persons in positions of care. If a person looks after persons under 18, if they are regularly involved in carrying out training, supervising, or being in sole charge of such persons, or have unsupervised contact with them in the course of this involvement.
Each of the following constitutes separate offences of abusive trust. In each case, the person may be subject, on summary conviction, to imprisonment for up to six months, a fine of the statutory maximum, or, on indictment, imprisonment for up to five years.
It is on an offence Where the accused intentionally touches another person sexually, in respect of whom they are in a position of trust, and they know or could reasonably be expected to know of the circumstances by virtue of which they are in a position of trust, and the other person is under 18 and they do not reasonably believe them to be over 18.
It is an offence for a person in a position of trust to intentionally cause or incite another person, in respect of whom they are entrusted, to engage in sexual activity where that person is under 18, and they do not believe them to be over 18, or the person is under 13. Each of these offences applies to persons aged 18 years and upwards.
It is an offence for a person over 18 to intentionally engage in sexual activity for the purpose of obtaining sexual gratification when a person in respect of whom they are entrusted is present or in a place where they can be observed, and knowing or believing that that person is aware or intended to be aware.
It is an offence if a person aged 18 and upwards, with the purpose of obtaining sexual gratification, intentionally causes another person, in respect of whom they are in a position of trust, to watch a third party engaging in or looking at an image of sexual activity.
Conduct that would have constituted certain of the above offences is not an offence if it occurred immediately before the position of trust arose, provided that the individuals were in a sexual relationship, and sexual activity would not have been unlawful at that time.
There are offences if a person intentionally touches another or incites another to touch, where the touching is sexual, and the persons are in a familial relationship. The person may be convicted on indictment and sentenced up to 14 years where the touching involves penetration. In other cases, the person may be convicted summarily for up to six months and a statutory maximum fine, or on indictment for up to 14 years, alternatively.
Familial relationships include being a person’s parent, grandparent, brother, sister, half-brother, half-sister, aunt or uncle, or foster parent. Persons may also be in a familial relationship if they live in the same household or regularly care for, train, or supervise each other, such as cousins, one as a step-parent, one as a step-brother or sister, or where parents are present or former foster parents or one of them.
The provision also applies to persons living in the same household where the accused is regularly involved in caring for, training, supervising, or being in charge of the protected person. There are exceptions in certain cases, subject to conditions. Sexual relationships that are not otherwise unlawful and predate the familial relationship are not unlawful.
It is an offence punishable on indictment with life imprisonment to intentionally penetrate the vagina, anus, or mouth of another person with their penis if the person is under 13. It is an offence punishable on the same basis to intentionally do the above or penetrate with any part of a person’s body or any object where the penetration is sexual, and the other person is under 13.
It is an offence if a person touches another person who is under 13, where the touching is sexual. A person may be convicted summarily and imprisoned for up to six months or fined to the statutory maximum upon conviction or indictment, where the term of imprisonment may be up to 14 years.
It is an offence to intentionally cause or incite a child under 13 to engage in sexual activity. The offence is committed if the activity involves penetration of the child’s anus, vagina, or mouth with a person’s penis, penetration of a person’s anus or vagina with any part of the child’s body or any object, or penetration of a person’s mouth with a child’s penis.
A person guilty of the above offences is liable upon conviction or indictment to imprisonment for up to life. If the penetration aspects are less severe, a person may be liable, upon summary conviction, to imprisonment for up to six months, or a statutory maximum fine, or, upon conviction or indictment, to imprisonment for up to 14 years.
A person aged 18 years, however, commits an offence if they intentionally touch another person in a sexual manner, and either the other person is under 16, and the former does not reasonably believe that the latter is over 16, or the latter is under 13.
If a person is guilty, they may be liable upon conviction to imprisonment for a term of up to 14 years if the touching involves penetration of the latter’s anus or vagina with part of the defendant’s penis or part of their body or any object, or penetration of the defendant’s anus or vagina with part of the complainant’s body or accused’s mouth with the complainant’s penis.
Unless the above factors apply, a person may be liable upon summary conviction to imprisonment for up to six months or a statutory maximum fine, or upon conviction or indictment to imprisonment for up to 14 years.
A person aged 18 years or over commits an offence if they intentionally cause or incite another person to engage in sexual activity, and either the person incited is under 16, and the latter does not reasonably believe they are 16 or over, or the latter is under 13.
As mentioned above, the offence is subject to conviction upon indictment for up to 14 years where the above aggravating penetration aspects are involved. Otherwise, it is subject to either summary conviction with imprisonment for up to six months or a statutory maximum fine, or an indictment for up to 14 years.
A person aged 18 years or over commits an offence if they intentionally engage in sexual activity for the purpose of obtaining sexual gratification when another person is present or in a place from which the accused can be observed, and they also believe that the other person is aware or intends that the other should be aware, and that other person is under 16, and the accused does not reasonably believe that they are 16 or over, or they are under 13.
The person is liable, upon conviction for such an offence upon summary conviction, to imprisonment for up to six years, a statutory maximum fine, or both, or upon conviction on indictment, to imprisonment for up to 10 years.
A person aged 18 years commits an offence if, for the purpose of gratification, they intentionally cause another person to watch a third party engaging in sexual activity or looking at an image of any person engaged in the activity, if the other person is under 16, and the defendant does not reasonably believe them to be over 16, or if they are under 13. The offence is subject to conviction upon indictment for up to 10 years imprisonment, and upon summary conviction, a term not exceeding six months or the statutory maximum fine.
A person under 18 commits an offence if they do anything that would be an offence under the above as if they were 18. The person is liable upon conviction on summary conviction to imprisonment for up to six months or a statutory maximum fine, or both, or upon conviction on indictment, to imprisonment for a term not exceeding five years.