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The recommendations made by the review teams were published in two documents: Part 1 makes new provision about sexual offences.
Part 2 of the Act extends to England, Wales, Northern Ireland and, save for sections 93 and 123-129, Scotland. The Government’s proposals were based on the recommendations made by two review teams and subsequent public consultation.
they are not, and are not meant to be, a comprehensive description of the act.
so where a section or part of a section does not seem to require any explanation or comment, none is given.
The effect of these sections is that the offence covers a wide range of behaviour including, for example, rubbing up against someone's private parts through the person’s clothes for sexual gratification.
Section 4 makes it an offence for a person (A) intentionally to cause another person (B) to engage in sexual activity (as defined in section 78) without that person’s consent, if he does not reasonably believe that B consents.
Section 3 makes it an offence for a person (A) intentionally to touch sexually another person (B) without that person’s consent, if he does not reasonably believe that B consents.
The meaning of “touching” is explained at section 79(8); “sexual” is defined at section 78.A limited defence is also introduced to the offence of “making” an indecent photograph or pseudo-photograph of a child where the purpose of the “making” is to combat crime.This Part also covers offences relating to prostitution, child pornography, and trafficking.It defines “consent” and “sexual” and sets out evidential and conclusive presumptions about consent.It covers child sex offences and offences involving an abuse of a position of trust towards a child.These explanatory notes relate to the Sexual Offences Act 2003 which received Royal Assent on 20 November 2003.