Attempt to arrange / facilitate the commission of child sex offence - rape / assault by penetration of child under 13

Points to prove

• 1. 1. The defendant did an act which was more than merely preparatory to the commission of an offence under s 14 Sexual Offences Act 2003
• 2. 2. The defendant did that act with intent to commit the s 14 offence — i.e. intending to arrange or facilitate something that he intended to do, intended another person to do, or believed another person would do, in any part of the world
• 3. 3. Doing that thing would involve the commission of an offence under s 5 (rape of a child under 13 — penile penetration of the vagina, anus or mouth) or s 6 (assault of a child under 13 by penetration) Sexual Offences Act 2003 against a child under 13
• 4. 4. Impossibility is no bar: the defendant may be guilty even though the facts (e.g. no real child existed, as in undercover operations) made commission of the full offence impossible (s 1(2)-(3) Criminal Attempts Act 1981)

Defences

• Statutory exception — s 14(2)-(3) SOA 2003: no offence where the defendant arranges or facilitates something he believes another person will do (but does not intend to do or intend another to do) and he acts for the protection of the child (protection from STI, physical safety, preventing pregnancy, or promoting emotional well-being by giving advice) and not for sexual gratification or to cause/encourage the activity

Mode of trial & maximum penalty

Indictable only — Indictment: life imprisonment

Sources

• www.legislation.gov.uk/ukpga/2003/42/section/14
• www.legislation.gov.uk/ukpga/2003/42/section/5
• www.legislation.gov.uk/ukpga/2003/42/section/6
• www.legislation.gov.uk/ukpga/1981/47/section/4