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We want to hear your views about our prosecution policy and so we conduct consultations to help inform our policy making.

Find out about current consultations and read the results of past consultations

Sexual Offences

The Sexual Offences Act 2003 updated the law, much of which dated back to 1956.

The main provisions of the Act include the following:

  • Rape is widened to include oral penetration
  • Significant changes to the issue of consent
  • Specific offences relating to children under 13, 16 and 18
  • Offences to protect vulnerable persons with a mental disorder
  • Other miscellaneous offences
  • Strengthening the notification requirements and providing new civil preventative orders

Find out more about how we prosecute sexual offences

Home » News Centre » Press Releases » CPS consults on sexual infections prosecutions

CPS consults on sexual infections prosecutions

01/09/2006

The Crown Prosecution Service is seeking final views on a public document to explain the way in which it deals with cases involving the intentional or reckless sexual transmission of infections which cause grievous bodily harm. To date, there have been eight convictions in England and Wales under Section 20 of the Offences Against the Person Act 1861 (OAPA), all based on the reckless transmission of HIV.

Seamus Taylor, Director of Equality and Diversity, said: "We wish to issue a clear statement that explains the way we handle cases involving the intentional or reckless sexual transmission of infections. We wish to set out our postion clearly as we want to promote greater confidence in the criminal justice system - a key aim for all agencies involved."

Some of the seven specific consultation questions deal with the relevance, if any, of the defendant's reliance on medical/clinical advice that he/she received, if any weight should be given to their ability to ensure the use of protection, and if the context in which the sexual behaviour occurred should be a relevant factor when determining whether it is the public interest to prosecute.

The CPS has consulted members of sexual health community organisations with professional knowledge in the fields of crime reduction and victim and witness support in drafting the policy, but the content is the responsibility of the CPS alone. The final version of the public document will be published in early 2007.

  1. Media enquires to CPS press office on 020 7710 6088.
  2. The document is published in the CPS News/Consultations section - CPS launch document for public consultation on sexually transmitted infections which cause grievous bodily harm on our website during the length of the consultation, including how to respond.
  3. The types of Sexually Transmitted Infections covered by the policy are: Chlamydia; Genital Herpes; Gonorrhoea; Hepatitis A; Hepatitis B; Hepatitis C; HIV and AIDS; LGV (lymphogranuloma venerum); Non-Specific urethritis (NSU); Syphilis.
  4. The CPS consulted the following organisations: African HIV Policy Network (AHPN); National AIDS Trust; Terrence Higgins Trust; UK Coalition of People Living with HIV and AIDS.