Sexual Offence Act: Abusing a position of trust

4 Pages

20 Downloads

Words: 1138

Date added: 17-06-26

Category:

Tags: review

open document save to my library
Objective The issues of importance here are the fact that Andrew was intending to have sex with Belinda a 17 year old girl. It is possible, as Belinda’s Tennis Coach that Andrew is in a position of trust and therefore may be guilty of an offence under the Sexual Offences Act 2003. The Sexual Offences Act makes it an offence to abuse a position of trust by intending/inciting to have sexual relations with a person aged between16-18. Report Under Section 17 of the Sexual Offence Act 2003 it is an offence to:-
  1. A person aged 18 or over (A) commits an offence if
  1. he intentionally causes or incites another person (B) to engage in an activity,
  2. the activity is sexual,
  3. A is in a position of trust in relation to B
  4. where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and
  5. either
    1. B is under 18 and A does not reasonably believe that B is 18 or over, or
    2. B is under 13.
  1. This subsection applies where A-
  1. is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and
  2. is not in such a position of trust by virtue of other circumstances.
(5) A person guilty of an offence under this section is liable-
  1. on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
  2. on conviction on indictment, to imprisonment for a term not exceeding 5 years
The categories of position of trust are defined in Section 21 of the Sexual Offence Act 2003: (7) This subsection applies if A is engaged in the provision of services under, or pursuant to anything done under-
  1. sections 8 to 10 of the Employment and Training Act 1973 (c. 50), or
  2. section 114 of the Learning and Skills Act 2000 (c. 21),
Positions of trust are defined in Section 22 of the Sexual Offence Act 2003
  1. A person receives education at an educational institution if-
  1. he is registered or otherwise enrolled as a pupil or student at the institution, or
  2. he receives education at the institution under arrangements with another educational institution at which he is so registered or otherwise enrolled
In relation to sports coaching specifically there has been a consultation paper. During the debates in the House of Lords, it was suggested that sports coaches be brought into the offence. However, the government took the view that this would not be an appropriate course of action and, again, only public sector circumstances are included[1]. The government believes adults in the public sector play a particularly powerful role in relation to the care and control of the child, and can influence that child's future. But the government does not believe a coach has a special influence over his trainee, and that "in particular ... coaches' relationships with 16- or 17-year-olds were unlikely to amount to being in loco parentis ... since young people are free to enter or leave the relationship and seek the help and advice of other adults[2]". Review of The Research There now exists a situation in which it is illegal for a school teacher to have a sexual relationship with any of his or her pupils aged under 18. However, it is not illegal, nor considered inappropriate, for that same teacher to have a sexual relationship with any 16- and 17-year-olds he or she coaches, provided they are not pupils of his or her school[3]. A relationship of trust is defined in the government's 1999 guidance paper, Caring for Young People and the Vulnerable?, It is defined as one in which one party is in a position of power or influence over the other by the nature of their activity, and the other party is particularly vulnerable. This vulnerability could therefore occur through age or in circumstances where the individual in the position of trust has the power to confer advancement or failure of a particular kind. Whether relationships between coaches and their trainees are brought into the scope of the offence of abuse of trust, or the situation is remedied for some organisations by the introduction of the UKCC, a licensed coach who uses his or her position of trust to manipulate a young athlete into a sexual relationship must face the prospect of losing his or her licence to coach. The guidance states that because of the imbalance of power in such a relationship, "allowing [it] to develop in a way that might lead to a sexual relationship is wrong. A sexual relationship itself will be intrinsically unequal in a relationship of trust and is therefore unacceptable. It is also inappropriate since the 'professional' relationship of trust would be altered" Advice The consultation process in relation to the implementation of the Sexual Offences Act 2003 is now closed and this is being considered. Therefore it is not an offence at the moment per se for a sports coach to “incite” sexual relations with a person between the ages of 16-18 if coaching them for sport. However it may be that this falls into the category of education and as an abuse of a position of trust and Andrew could be guilty of this offence, by purchasing the condoms and intending to have sex with Belinda. If he is guilty of an offence he will on summary conviction, be sent to prison for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both or on conviction on indictment, to imprisonment for a term not exceeding 5 years. Time Taken:3 1/4 hours 1

Footnotes

[1] Hansard, 2 June 2003, cols 1149-1153 [2] Consultation on the Scope and Implementation of the Sexual Offences Act 2003 in Relation to Sports Coaches, p 5 [3] www.culture.gov.uk/sport/coaching.htm
Read full document← View the full, formatted essay now!
Is it not the essay you were looking for?Get a custom essay exampleAny topic, any type available
banner
x
We use cookies to give you the best experience possible. By continuing we'll assume you're on board with our cookie policy. That's Fine