Sexual Offence Act: Abusing a position of trust

Aim

The issues of importance here are the fact that Andrew was meaning to hold sex with Belinda a 17 twelvemonth old miss. It is possible, as Belinda’s Tennis Coach that Andrew is in a place of trust and therefore may be guilty of an offense under the Sexual Offences Act 2003. The Sexual Offences Act makes it an offense to mistreat a place of trust by intending/inciting to hold sexual dealingss with a individual aged between16-18.

Report

Under Section 17 of the Sexual Offence Act 2003 it is an offense to: –

  1. A individual aged 18 or over ( A ) commits an offense if
  1. he deliberately causes or incites another individual ( B ) to prosecute in an activity,
  2. the activity is sexual,
  3. A is in a place of trust in relation to B
  4. where subdivision ( 2 ) applies, A knows or could moderately be expected to cognize of the fortunes by virtuousness of which he is in a place of trust in relation to B, and
  5. either
    1. B is under 18 and A does non reasonably believe that B is 18 or over, or
    2. B is under 13.
  1. This subdivision applies where A-
  1. is in a place of trust in relation to B by virtuousness of fortunes within subdivision 21 ( 2 ) , ( 3 ) , ( 4 ) or ( 5 ) , and
  2. is non in such a place of trust by virtuousness of other fortunes.

( 5 ) A individual guilty of an offense under this subdivision is liable-

  1. on drumhead strong belief, to imprisonment for a term non transcending 6 months or a all right non transcending the statutory upper limit or both ;
  2. on strong belief on indictment, to imprisonment for a term non transcending 5 old ages

The classs of place of trust are defined in Section 21 of the Sexual Offence Act 2003:

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( 7 ) This subdivision applies if A is engaged in the proviso of services under, or pursuant to anything done under-

  1. subdivisions 8 to 10 of the Employment and Training Act 1973 ( c. 50 ) , or
  2. subdivision 114 of the Learning and Skills Act 2000 ( c. 21 ) ,

Positions of trust are defined in Section 22 of the Sexual Offence Act 2003

  1. A individual receives instruction at an educational establishment if-
  1. he is registered or otherwise enrolled as a student or pupil at the establishment, or
  2. he receives instruction at the establishment under agreements with another educational establishment at which he is so registered or otherwise enrolled

In relation to athleticss training specifically there has been a audience paper. During the arguments in the House of Lords, it was suggested that athleticss managers be brought into the offense. However, the authorities took the position that this would non be an appropriate class of action and, once more, merely public sector fortunes are included [ 1 ] .

The authorities believes grownups in the populace sector play a peculiarly powerful function in relation to the attention and control of the kid, and can act upon that kid ‘s hereafter. But the authorities does non believe a manager has a particular influence over his trainee, and that “ in peculiar… managers ‘ relationships with 16- or 17-year-olds were improbable to amount to being in loco parentis… since immature people are free to come in or go forth the relationship and seek the aid and advice of other grownups [ 2 ] “ .

Reappraisal of The Research

There now exists a state of affairs in which it is illegal for a school instructor to hold a sexual relationship with any of his or her students aged under 18. However, it is non illegal, nor considered inappropriate, for that same instructor to hold a sexual relationship with any 16- and 17-year-olds he or she managers, provided they are non students of his or her school [ 3 ] .

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A relationship of trust is defined in the authorities ‘s 1999 counsel paper, Caring for Young People and the Vulnerable? , It is defined as one in which one party is in a place of power or influence over the other by the nature of their activity, and the other party is peculiarly vulnerable. This exposure could therefore occur through age or in fortunes where the person in the place of trust has the power to confabulate promotion or failure of a peculiar sort. Whether relationships between managers and their trainees are brought into the range of the offense of maltreatment of trust, or the state of affairs is remedied for some administrations by the debut of the UKCC, a accredited manager who uses his or her place of trust to pull strings a immature jock into a sexual relationship must confront the chance of losing his or her license to train. The counsel provinces that because of the instability of power in such a relationship, “ leting [ it ] to develop in a manner that might take to a sexual relationship is incorrect. A sexual relationship itself will be per se unequal in a relationship of trust and is hence unacceptable. It is besides inappropriate since the ‘professional ‘ relationship of trust would be altered ”

Advice

The audience procedure in relation to the execution of the Sexual Offences Act 2003 is now closed and this is being considered. Therefore it is non an offense at the minute per Se for a athleticss manager to “incite” sexual dealingss with a individual between the ages of 16-18 if training them for athletics. However it may be that this falls into the class of instruction and as an maltreatment of a place of trust and Andrew could be guilty of this offense, by buying the rubbers and meaning to hold sex with Belinda. If he is guilty of an offense he will on drumhead strong belief, be sent to prison for a term non transcending 6 months or a all right non transcending the statutory upper limit or both or on strong belief on indictment, to imprisonment for a term non transcending 5 old ages.

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Time Taken:3 1/4 hours

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