Part I Offences, and the Prosecution and Punishment of Offences

Intercourse by force, intimidation, etc.

1 Rape. C12

1

It is felony for a man to rape a woman.

2

A man who induces a married woman to have sexual intercourse with him by impersonating her husband commits rape.

2 Procurement of woman by threats.

1

It is an offence for a person to procure a woman, by threats or intimidation, to have unlawful sexual intercourse in any part of the world.

2

A person shall not be convicted of an offence under this section on the evidence of one witness only, unless the witness is corroborated in some material particular by evidence implicating the accused.

3 Procurement of woman by false pretences.

1

It is an offence for a person to procure a woman, by false pretences or false representations to have unlawful sexual intercourse in any part of the world.

2

A person shall not be convicted of an offence under this section on the evidence of one witness only, unless the witness is corroborated in some material particular by evidence implicating the accused.

4 Administering drugs to obtain or facilitate intercourse.

1

It is an offence for a person to apply or administer to, or cause to be taken by, a woman any drug, matter or thing with intent to stupefy or overpower her so as thereby to enable any man to have unlawful sexual intercourse with her.

2

A person shall not be convicted of an offence under this section on the evidence of one witness only, unless the witness is corroborated in some material particular by evidence implicating the accused.

Intercourse with girls under sixteen

5 Intercourse with girl under thirteen.

It is felony for a man to have unlawful sexual intercourse with a girl under the age of thirteen.

6C1†Intercourse with girl between thirteen and sixteen. C2

1

It is an offence, subject to the exceptions mentioned in this section, for a man to have unlawful sexual intercourse with a girl . . . F1 under the age of sixteen.

2

Where a marriage is invalid under section two of the M1Marriage Act 1949, or section one of the M2Age of Marriage Act 1929 (the wife being a girl under the age of sixteen), the invalidity does not make the husband guilty of an offence under this section because he has sexual intercourse with her, if he believes her to be his wife and has reasonable cause for the belief.

3

A man is not guilty of an offence under this section because he has unlawful sexual intercourse with a girl under the age of sixteen, if he is under the age of twenty-four and has not previously been charged with a like offence, and he believes her to be of the age of sixteen or over and has reasonable cause for the belief.

In this subsection, “a like offence” means an offence under this section or an attempt to commit one, or an offence under paragraph (1) of section five of the M3Criminal Law Amendment Act 1885 (the provision replaced for England and Wales by this section).

Intercourse with defectives

7F2 Intercourse with defective.

1

It is an offence, subject to the exception mentioned in this section for a man to have unlawful sexual intercourse with a woman who is a defective.

2

A man is not guilty of an offence under this section because he has unlawful sexual intercourse with a woman if he does not know and has no reason to suspect her to be a defective.

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

9 Procurement of defective.

1

It is an offence, subject to the exception mentioned in this section, for a person to procure a woman who is a defective to have unlawful sexual intercourse in any part of the world.

2

A person is not guilty of an offence under this section because he procures a defective to have unlawful sexual intercourse, if he does not know and has no reason to suspect her to be a defective.

Incest

10 Incest by a man.

1

It is an offence for a man to have sexual intercourse with a woman whom he knows to be his grand-daughter, daughter, sister or mother.

2

In the foregoing subsection “sister” includes half-sister, and for the purposes of that subsection any expression importing a relationship between two people shall be taken to apply notwithstanding that the relationship is not traced through lawful wedlock.

11 Incest by a woman.

1

It is an offence for a woman of the age of sixteen or over to permit a man whom she knows to be her grandfather, father, brother or son to have sexual intercourse with her by her consent.

2

In the foregoing subsection “brother” includes half-brother, and for the purposes of that subsection any expression importing a relationship between two people shall be taken to apply notwithstanding that the relationship is not traced through lawful wedlock.

Unnatural offences

12 Buggery. C13

1

It is felony for a person to commit buggery with another person or with an animal.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

C1513 Indecency between men. C14

It is an offence for a man to commit an act of gross indecency with another man, whether in public or private, or to be a party to the commission by a man of an act of gross indecency with another man, or to procure the commission by a man of an act of gross indecency with another man.

Assaults

14 Indecent assault on a woman.

1

It is an offence, subject to the exception mentioned in subsection (3) of this section, for a person to make an indecent assault on a woman.

2

A girl under the age of sixteen cannot in law give any consent which would prevent an act being an assault for the purposes of this section.

3

Where a marriage is invalid under section two of the M4Marriage Act 1949, or section one of the M5Age of Marriage Act 1929 (the wife being a girl under the age of sixteen), the invalidity does not make the husband guilty of any offence under this section by reason of her incapacity to consent while under that age, if he believes her to be his wife and has reasonable cause for the belief.

4

A woman who is a defective cannot in law give any consent which would prevent an act being an assault for the purposes of this section, but a person is only to be treated as guilty of an indecent assault on a defective by reason of that incapacity to consent, if that person knew or had reason to suspect her to be a defective.

15 Indecent assault on a man.

1

It is an offence for a person to make an indecent assault on a man.

2

A boy under the age of sixteen cannot in law give any consent which would prevent an act being an assault for the purposes of this section.

3

A man who is a defective cannot in law give any consent which would prevent an act being an assault for the purposes of this section, but a person is only to be treated as guilty of an indecent assault on a defective by reason of that incapacity to consent, if that person knew or had reason to suspect him to be a defective.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

16 Assault with intent to commit buggery.

1

It is an offence for a person to assault another person with intent to commit buggery.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Abduction

17 Abduction of woman by force or for the sake of her property.

1

It is felony for a person to take away or detain a woman against her will with the intention that she shall marry or have unlawful sexual intercourse with that or any other person, if she is so taken away or detained either by force or for the sake of her property or expectations of property.

2

In the foregoing subsection, the reference to a woman’s expectations of property relates only to property of a person to whom she is next of kin or one of the next of kin, and “property” includes any interest in property.

18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

19 Abduction of unmarried girl under eighteen from parent or guardian.

1

It is an offence, subject to the exception mentioned in this section, for a person to take an unmarried girl under the age of eighteen out of the possession of her parent or guardian against his will, if she is so taken with the intention that she shall have unlawful sexual intercourse with men or with a particular man.

2

A person is not guilty of an offence under this section because he takes such a girl out of the possession of her parent or guardian as mentioned above, if he believes her to be of the age of eighteen or over and has reasonable cause for the belief.

3

In this section “guardian” means any person having F22the lawful care or charge ofF22parental responsibility for or care of the girl.

20 Abduction of unmarried girl under sixteen from parent or guardian.

1

It is an offence for a person acting without lawful authority or excuse to take an unmarried girl under the age of sixteen out of the possession of her parent or guardian against his will.

2

In the foregoing subsection “guardian” means any person having F23the lawful care or charge ofF23parental responsibility for or care of the girl.

21 Abduction of defective from parent or guardian.

1

It is an offence, subject to the exception mentioned in this section, for a person to take a woman who is a defective out of the possession of her parent or guardian against his will, if she is so taken with the intention that she shall have unlawful sexual intercourse with men or with a particular man.

2

A person is not guilty of an offence under this section because he takes such a woman out of the possession of her parent or guardian as mentioned above, if he does not know and has no reason to suspect her to be a defective.

3

In this section “guardian” means any person having F24the lawful care or charge ofF24parental responsibility for or care of the woman.

Prostitution, procuration etc.

22 Causing prostitution of women.

1

It is an offence for a person—

a

to procure a woman to become, in any part of the world, a common prostitute; or

b

to procure a woman to leave the United Kingdom, intending her to become an inmate of or frequent a brothel elsewhere; or

c

to procure a woman to leave her usual place of abode in the United Kingdom, intending her to become an inmate of or frequent a brothel in any part of the world for the purposes of prostitution.

2

A person shall not be convicted of an offence under this section on the evidence of one witness only, unless the witness is corroborated in some material particular by evidence implicating the accused.

23 Procuration of girl under twenty-one.

1

It is an offence for a person to procure a girl under the age of twenty-one to have unlawful sexual intercourse in any part of the world with a third person.

2

A person shall not be convicted of an offence under this section on the evidence of one witness only, unless the witness is corroborated in some material particular by evidence implicating the accused.

24 Detention of woman in brothel or other premises.

1

It is an offence for a person to detain a woman against her will on any premises with the intention that she shall have unlawful sexual intercourse with men or with a particular man, or to detain a woman against her will in a brothel.

2

Where a woman is on any premises for the purpose of having unlawful sexual intercourse or is in a brothel, a person shall be deemed for the purpose of the foregoing subsection to detain her there if, with the intention of compelling or inducing her to remain there, he either withholds from her her clothes or any other property belonging to her or threatens her with legal proceedings in the event of her taking away clothes provided for her by him or on his directions.

3

A woman shall not be liable to any legal proceedings, whether civil or criminal, for taking away or being found in possession of any clothes she needed to enable her to leave premises on which she was for the purpose of having unlawful sexual intercourse or to leave a brothel.

25 Permitting girl under thirteen to use premises for intercourse.

It is felony for a person who is the owner or occupier of any premises, or who has, or acts or assists in, the management or control of any premises, to induce or knowingly suffer a girl under the age of thirteen to resort to or be on those premises for the purpose of having unlawful sexual intercourse with men or with a particular man.

26C3†Permitting girl between thirteen and sixteen to use premises for intercourse. C4

It is an offence for a person who is the owner or occupier of any premises, or who has, or acts or assists in, the management or control of any premises, to induce or knowingly suffer a girl . . . F7 under the age of sixteen, to resort to or be on those premises for the purpose of having unlawful sexual intercourse with men or with a particular man.

27 Permitting defective to use premises for intercourse.

1

It is an offence, subject to the exception mentioned in this section, for a person who is the owner or occupier of any premises, or who has, or acts or assists in, the management or control of any premises, to induce or knowingly suffer a woman who is a defective to resort to or be on those premises for the purpose of having unlawful sexual intercourse with men or with a particular man.

2

A person is not guilty of an offence under this section because he induces or knowingly suffers a defective to resort to or be on any premises for the purpose mentioned, if he does not know and has no reason to suspect her to be a defective.

28 Causing or encouraging prostitution of, intercourse with, or indecent assault on, girl under sixteen.

1

It is an offence for a person to cause or encourage the prostitution of, or the commission of unlawful sexual intercourse with, or of an indecent assault on, a girl under the age of sixteen for whom he is responsible.

2

Where a girl has become a prostitute, or has had unlawful sexual intercourse, or has been indecently assaulted, a person shall be deemed for the purposes of this section to have caused or encouraged it, if he knowingly allowed her to consort with, or to enter or continue in the employment of, any prostitute or person of known immoral character.

F253

The persons who are to be treated for the purposes of this section as responsible for a girl are (subject to the next following subsection)—

a

any person who is her parent or legal guardian; and

b

any person who has actual possession or control of her, or to whose charge she has been committed by her parent or legal guardian or by a person having the custody of her; and

c

any other person who has the custody, charge or care of her.

4

In the last foregoing subsection—

a

parent” does not include, in relation to any girl, a person deprived of the custody of her by order of a court of competent jurisdiction but (subject to that), in the case of a girl who . . . F26 is illegitimate . . . F26, means her mother and any person who has been adjudged to be her putative father;

b

legal guardian” means, in relation to any girl, any person who is for the time being her guardian, having been appointed according to law by deed or will or by order of a court of competent jurisdiction.

F253

The persons who are to be treated for the purposes of this section as responsible for a girl are (subject to subsection (4) of this section)—

a

her parents;

b

any person who is not a parent of hers but who has parental responsibility for her; and

c

any person who has care of her.

4

An individual falling within subsection (3)(a) or (b) of this section is not to be treated as responsible for a girl if—

a

a residence order under the Children Act 1989 is in force with respect to her and he is not named in the order as the person with whom she is to live; or

b

a care order under that Act is in force with respect to her.

5

If, on a charge of an offence against a girl under this section, the girl appears to the court to have been under the age of sixteen at the time of the offence charged, she shall be presumed for the purposes of this section to have been so, unless the contrary is proved.

29 Causing or encouraging prostitution of defective.

1

It is an offence, subject to the exception mentioned in this section, for a person to cause or encourage the prostitution in any part of the world of a woman who is a defective.

2

A person is not guilty of an offence under this section because he causes or encourages the prostitution of such a woman, if he does not know and has no reason to suspect her to be a defective.

30 Man living on earnings of prostitution.

1

It is an offence for a man knowingly to live wholly or in part on the earnings of prostitution.

2

For the purposes of this section a man who lives with or is habitually in the company of a prostitute, or who exercises control, direction or influence over a prostitute’s movements in a way which shows he is aiding, abetting or compelling her prostitution with others, shall be presumed to be knowingly living on the earnings of prostitution, unless he proves the contrary.

31 Woman exercising control over prostitute.

It is an offence for a woman for purposes of gain to exercise control, direction or influence over a prostitute’s movements in a way which shows she is aiding, abetting or compelling her prostitution.

Solicitation

32 Solicitation by men. C5

It is an offence for a man persistently to solicit or importune in a public place for immoral purposes.

Suppression of brothels

33 Keeping a brothel. C6

It is an offence for a person to keep a brothel, or to manage, or act or assist in the management of, a brothel.

34 Landlord letting premises for use as brothel. C7

It is an offence for the lessor or landlord of any premises or his agent to let the whole or part of the premises with the knowledge that it is to be used, in whole or in part, as a brothel, or, where the whole or part of the premises is used as a brothel, to be wilfully a party to that use continuing.

35 Tenant permitting premises to be used as brothel. C8

1

It is an offence for the tenant or occupier, or person in charge, of any premises knowingly to permit the whole or part of the premises to be used as a brothel.

2

Where the tenant or occupier of any premises is convicted (whether under this section or, for an offence committed before the commencement of this Act, under section thirteen of the M6Criminal Law Amendment Act 1885) of knowingly permitting the whole or part of the premises to be used as a brothel, the First Schedule to this Act shall apply to enlarge the rights of the lessor or landlord with respect to the assignment or determination of the lease or other contract under which the premises are held by the person convicted.

3

Where the tenant or occupier of any premises is so convicted, or was so convicted under the said section thirteen before the commencement of this Act, and either—

a

the lessor or landlord, after having the conviction brought to his notice, fails or failed to exercise his statutory rights in relation to the lease or contract under which the premises are or were held by the person convicted; or

b

The lessor or landlord, after exercising his statutory rights so as to determine that lease or contract, grants or granted a new lease or enters or entered into a new contract of tenancy of the premises to, with or for the benefit of the same person, without having all reasonable provisions to prevent the recurrence of the offence inserted in the new lease or contract;

then, if subsequently an offence under this section is committed in respect of the premises during the subsistence of the lease or contract referred to in paragraph (a) of this subsection or (where paragraph (b) applies) during the subsistence of the new lease or contract, the lessor or landlord shall be deemed to be a party to that offence unless he shows that he took all reasonable steps to prevent the recurrence of the offence.

References in this subsection to the statutory rights of a lessor or landlord refer to his rights under the First Schedule to this Act or under subsection (1) of section five of the Criminal Law Amendment Act 1912 (the provision replaced for England and Wales by that Schedule).

36 Tenant permitting premises to be used for prostitution.

It is an offence for the tenant or occupier of any premises knowingly to permit the whole or part of the premises to be used for the purposes of habitual prostitution.

Powers and procedure for dealing with offenders

37 Prosecution and punishment of offences.

1

The Second Schedule to this Act shall have effect, subject to and in accordance with the following provisions of this section, with respect to the prosecution and punishment of the offences listed in the first column of the Schedule, being the offences under this Act and attempts to commit certain of those offences.

2

The second column in the Schedule shows, for any offence, if it may be prosecuted on indictment or summarily, or either, . . . F8 and what special restrictions (if any) there are on the commencement of a prosecution.

3

The third column in the Schedule shows, for any offence, the punishments which may be imposed on conviction on indictment or on summary conviction, a reference to a period giving the maximum term of imprisonment and a reference to a sum of money the maximum fine.

4

The fourth column in the Schedule contains provisions which are either supplementary to those in the second or third column or enable a person charged on indictment with the offence specified in the first column to be found guilty of another offence if the jury are not satisfied that he is guilty of the offence charged or of an attempt to commit it, but are satisfied that he is guilty of the other offence.

5

A provision in the fourth column of the Schedule enabling the jury to find the accused guilty of an offence specified in that provision authorises them, if not satisfied that he is guilty of the offence so specified, to find him guilty of any other offence of which they could find him guilty if he had been indicted for the offence so specified.

6

Where in the Schedule there is used a phrase descriptive of an offence or group of offences followed by a reference to a section by its number only, the reference is to a section of this Act, and the phrase shall be taken as referring to any offence under the section mentioned.

7

Nothing in this section or in the Second Schedule to this Act shall exclude the application to any of the offences referred to in the first column of the Schedule—

a

F9of F10section 24 of the Magistrates’ Courts Act 1980 (which relates to the summary trial of young offenders for indictable offences); or

b

of F11subsection (5) of section 121 of the Magistrates’ Courts Act 1980 (which limits the punishment which may be imposed by a magistrates’ court sitting in an occasional courthouse); or

c

of any enactment or rule of law restricting a court’s power to imprison; or

d

of any enactment or rule of law authorising an offender to be dealt with in a way not authorised by the enactments specially relating to his offence; or

e

of any enactment or rule of law authorising a jury to find a person guilty of an offence other than that with which he is charged.

38F27 Powers of court in case of incest with girl under twenty-one.

F281

On a person’s conviction of an offence under section 10 of this Act against a girl under the age of eighteen, or of an offence under section 11 of this Act against a boy under that age, or of attempting to commit such an offence, the court may by order divest that person of all authority over the girl or boy.

2

An order divesting a person of authority over a girl or boy under the foregoing subsection may, if that person is the guardian of the girl or boy, remove that person from the guardianship.

3

An order under this section may appoint a person to be the guardian of the girl or boy during his or her minority or any less period.

4

An order under this section may be varied from time to time or rescinded by the High Court and, if made on conviction of an offence against a girl or boy who is a defective, may, so far as it has effect for any of the purposes of F29the Mental Health Act 1983, be rescinded either before or after the girl or boy has attained the age of eighteen.

39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Interpretation

44 Meaning of “sexual intercourse”.

Where, on the trial of any offence under this Act, it is necessary to prove sexual intercourse (whether natural or unnatural), it shall not be necessary to prove the completion of the intercourse by the emission of seed, but the intercourse shall be deemed complete upon proof of penetration only.

45F16 Meaning of “defective”.

In this Act “defective” means a person suffering from F17a state of arrested or incomplete development of mind which includes severe impairment of intelligence and social functioning.

46 Use of words “man”, “boy”, “woman” and “girl”. C10

The use in any provision of this Act of the word “man” without the addition of the word “boy”, or vice versa, shall not prevent the provision applying to any person to whom it would have applied if both words had been used, and similarly with the words “woman” and “girl”.

46AF33 Meaning of parental responsibility.

In this Act “parental responsibility” has the same meaning as in the Children Act 1989.

47 Proof of exceptions.

Where in any of the foregoing sections the description of an offence is expressed to be subject to exceptions mentioned in the section, proof of the exception is to lie on the person relying on it.

Part II Supplementary

Consequential amendments

48 Amendments of Acts not consolidated. C11

The enactments mentioned in the first column of the Third Schedule to this Act shall be amended as shown in the second column of that Schedule.

Annotations:
Modifications etc. (not altering text)
C11

The text of s. 48 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

50 Adaptation of enactments applying to Northern Ireland.

1

In Northern Ireland, a conviction under section thirty-three, thirty-four, thirty-five or thirty-six of this Act shall be taken into account under section three of the M7Criminal Law Amendment Act (Northern Ireland) 1923, in the same way as a conviction under section thirteen of the M8Criminal Law Amendment Act 1885.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

52 Savings, etc.

1

Nothing in this Act shall affect any previous enactment in its operation in relation to offences under any such enactment committed or partly committed before the commencement of this Act, or in relation to anything done before that commencement under the authority or for the purposes of any such enactment:

Provided that subsection (1) of section five of the M9Criminal Law Amendment Act 1912, shall not apply where the First Schedule to this Act applies by virtue of subsection (2) of section thirty-five of this Act.

2

Subject to the provisions of this Act, and in particular to those of the Third Schedule, any reference in any document to an enactment repealed by this Act shall be construed as referring, or as including a reference, to the corresponding provision of this Act, so far as may be necessary to prevent this Act altering the substantial effect of the document.

3

Without prejudice to the last foregoing subsection any reference in any document to an offence under an enactment repealed by this Act, if it referred, or included a reference, to an attempt to commit an offence under such an enactment, shall be construed as referring, or as including a reference, to an attempt to commit the corresponding offence under this Act, so far as may be necessary to prevent this Act altering the substantial effect of the document.

4

The inclusion in this Act of any express saving or amendment shall not be taken as prejudicing the operation of section thirty-eight of the M10Interpretation Act 1889 (which relates to the effect of repeals).

53 Construction of references to enactments.

Except in so far as the context otherwise requires, any reference in this Act to any other enactment shall be taken as referring to that enactment as amended by any subsequent enactment, including this Act.

54 Extent.

1

This Act shall not extend to Scotland, except section forty-nine and so much of the Third Schedule as amends the M12Extradition Act 1873.

2

This Act shall not extend to Northern Ireland, except section fifty and so much of the Third Schedule as amends the Extradition Act 1873.

55 Short title.

This Act may be cited as the Sexual Offences Act 1956.

56 Commencement.

This Act shall come into force on the first day of January, nineteen hundred and fifty-seven.