S66. Exposure
Date Updated: January 2012
Title: Sexual Offences
Offence: Exposure
Legislation: Sexual Offences Act 2003 - S66
Commencement date: 1/05/2004
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty:
- On Indictment - 2 years
- 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.
The offence replaces section 4 of the Vagrancy Act 1824 and section 28 of the Town Police Clauses Act 1847. It is gender neutral (covering exposure of male or female genitalia to a male or female witness) and carries a maximum penalty of 2 years' imprisonment.
These offences are sometimes more serious than they may, at first, appear. Although there is no physical contact with the victim, the offence may cause serious alarm or distress, especially when the offender behaves aggressively or uses obscenities.
A pre-sentence report,2 which can identify sexually deviant tendencies, will be extremely helpful in determining the most appropriate disposal. It will also help determine whether an offender would benefit from participation in a programme designed to help them address those tendencies.
A person convicted of this offence is subject to notification requirements.3
Where this offence is being dealt with in a magistrates' court, more detailed guidance is provided in the Magistrates' Court Sentencing Guidelines (MCSG).
Aggravating & Mitigating Factors
Aggravating
- Threats to prevent the victim reporting an offence
- Intimidating behaviour/ threats of violence
- Victim is a child
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.
Type/nature of activity: Repeat offender
Starting points: 12 weeks custody
Sentencing ranges: 4 weeks - 26 weeks custody
Type/nature of activity: Basic offence as defined in the SOA 2003, assuming no aggravating or mitigating factors, or some offences with aggravating factors
Starting points: Community order
Sentencing ranges: An appropriate non-custodial sentence
'Non-custodial sentence' in this context suggests a community order or a fine. In most instances, an offence will have crossed the threshold for a community order. However, in accordance with normal sentencing practice, a court is not precluded from imposing a financial penalty where that is determined to be the appropriate sentence.
Relevant Sentencing Case Law
R v Hawkins [2007] EWCA Crim 2221 D 45 similar previous in 2004 for which he was fined. He pleaded guilty to exposure having stopped near two 14 year old girls and being seen masturbating. He admitted he was sexually aroused. He ad been in contact with a psychologist since the previous offence - no significant risk to members of the public of serious harm - 3 year community order not 12 months with a 5 year extension (which was unlawful).
R v Bell [2008] 2 Cr App R (S) 55 D 25 no offences of this sort. Guilty lea to 5 offences all involving women in street, 2 aged 15. HELD: A Community order not 9 months custody.
R v Audoire [2008] EWCA Crim 822 - D 27 years. 14 previous including 2 for exposure. Pleaded guilty at magistrates to exposure and committed for sentence. He pleaded guilty at Crown Court to three offences of exposure all committed on bail. There was a high risk of further offences and concerns about his potential to commit a serious sexual offence. HELD 2 years was appropriate.
R v Lam Callinan [2009] EWCA Crim 1316 - D was convicted of seven offences of exposure. He was a learning monitor at school. He approached female colleagues at the school and made inappropriate comments and then exposed himself. He asked one to measure his penis, to another he exposed himself on four or five occasions, he pressed himself against another. His defence was fabrication. The Judge said the offences were planned and D had tried to gain the trust of the victims. HELD: The court did not consider there had to be a previous conviction for D to be a repeat offender. 9 months not 15.
Ancillary Orders
- Notification (S83 to 96 Sexual Offences Act 2003)
- Sexual Offences Prevention Order (S104 Sexual Offences Act 2003)
- Where the offence is committed against a child under 16 and 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.
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