S71. Sexual activity in a public lavatory
Date Updated: January 2012
Title: Sexual Offences
Offence: Sexual activity in a public lavatory
Legislation: Sexual Offences Act 2003 - S71
Commencement date: 1/05/2004
Mode of Trial: Summary only
Statutory Limitations & Maximum Penalty: Summary Conviction - 6 months imprisonment and/or statutory maximum fine
Culpability & Harm
This offence has been introduced to give adults and children the freedom to use public lavatories for the purpose for which they are designed, without the fear of being an unwilling witness to overtly sexual behaviour of a kind that most people would not expect to be conducted in public.
This offence, being a public order offence rather than a sexual offence, carries the lowest maximum penalty in the SOA 2003 - 6 months' imprisonment - and the starting point for sentencing reflects this.
More detailed guidance is provided in the Magistrates' Court Sentencing Guidelines (MCSG).
Aggravating & Mitigating Factors
Aggravating
- Intimidating behaviour/ threats of violence to member(s) of the public
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 offending and/or aggravating factors
Starting points: Community order
Sentencing ranges: An appropriate non-custodial sentence
Type/nature of activity: Basic offence as defined in the SOA 2003, assuming no aggravating or mitigating factors
Starting points: Fine
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.
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