S12. Causing child to watch sexual act
Date Updated: January 2012
Title: Sexual offences
Offence: Causing a child to watch a sexual act (Adult only)
Legislation: Sexual Offences Act 2003 S12
Commencement Date: 01/05/2004
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty:
- On Indictment - 10 years imprisonment
- Summary Conviction - 6 months imprisonment and/or statutory maximum fine
Culpability & Harm
The sentences for public protection must be considered in all cases. They are designed to ensure that sexual offenders are not released into the community if they present a significant risk of serious harm.
These offences include intentionally causing or inciting, for the purpose of sexual gratification, a person under 16, or a person with a mental disorder, to watch sexual activity or look at a photograph or pseudo-photograph of sexual activity.
The guidelines are predicated on the principle that the more serious the nature of the sexual activity a victim witnesses, the higher the sentencing starting point should be.
These offences will potentially be serious enough to merit a custodial sentence. In an individual case the court will need to consider whether there are particular mitigating factors that should move the sentence below the custodial threshold.
The same starting points apply whether the activity was caused or incited and whether or not the incited activity took place.
Aggravating & Mitigating Factors
Aggravating
- Background of intimidation or coercion
- Use of drugs, alcohol or other substance to facilitate the offence
- Threats to prevent victim reporting the incident
- Abduction or detention
- Images of violent activity
Relevant Sentencing Council Guideline (if any)
- Guidelines effective for offences sentenced on or after the 14th May 2007.
- The starting points are for an adult offender, of previous good character who was convicted after trial.
" Sections 12... will usually attract a lesser sentence than that appropriate for sexual activity with a child, in contravention of sections 5, 7, 8, 9 or 10." per Rose LJ R v Corran and others [2005] 2 Cr.App.R.(S) 73
Type/nature of activity: Live sexual activity
Starting points: 18 months custody
Sentencing ranges: 12 months - 2 years custody
Type/nature of activity: Moving or still images of people engaged in sexual activity involving penetration
Starting points: 32 weeks custody
Sentencing ranges: 26 weeks - 12 months custody
Type/nature of activity: Moving or still images of people engaged in sexual activity other than penetration
Starting points: Community order
Sentencing ranges: Community order - 26 weeks custody
Relevant Sentencing Case Law
R v Corran and others [2005] 2 Cr.App.R.(S) 73
Ancillary Orders:
- Notification (S83 to 96 Sexual Offences Act 2003)
- Sexual Offences Prevention Order (S104 Sexual Offences Act 2003)
- Where the defendant is aged 18 or over he or she is automatically barred from engaging in regulated activity with children and with vulnerable adults. (Safeguarding Vulnerable Groups Act 2006).
Consider Also:
- Dangerous Offender provisions apply. Sentences for public protection must be considered.
