Part I of the act makes many changes to the sexual crimes laws in England and Wales (and to some extent Northern Ireland), almost completely replacing the
Sexual Offences Act 1956 (
4 & 5 Eliz. 2. c. 69).
Rape Rape has been redefined from the
Sexual Offences Act 1956 (
4 & 5 Eliz. 2. c. 69), amended by the
Sexual Offences (Amendment) Act 1976 and the
Criminal Justice and Public Order Act 1994, to read: {{quote|style=font-size:inherit| A person (A) commits an offence if— {{ubli|(a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, Rape previously did not include penetration of the mouth. The act also changes the way in which lack of consent may be proved, and section 75 and 76 of the act list circumstances in which lack of consent may be presumed.
Assault by penetration Section 2 creates the offence of
Assault by penetration. This offence is set out separately because rape is defined as requiring penile penetration. i.e. performed for the purpose of either the offender's sexual gratification or the victim's sexual humiliation.
Consent The act made significant changes to the legal definition of consent. Sections 64 and 65 relate to sexual relationships within the family. Section 64 prohibits penetrating any other family member, and section 65 prohibits consenting to such sexual activities. Initially the legislation did not include uncles, aunts, nieces and nephews but after some debate these were written into the provision. Section 74 states that: "For the purposes of this Part, a person consents if he agrees by choice, and has the freedom and capacity to make that choice."
Section 75 Section 75 of the act introduced a number of evidential presumptions, which prove lack of consent unless the defence can provide sufficient, contrary evidence that the claimant did consent. These presumptions require the relevant act to have taken place at the same time as one of six circumstances existed, about which the defendant was aware. The circumstances are (summarised): {{ordered list|type=lower-alpha
Section 76 Section 76 of the act introduces two conclusive presumptions. These are: {{ordered list|type=lower-alpha When either is proven, the law states that it is conclusively presumed that the complainant did not consent to the act, and the defendant was aware of the lack of consent. This cannot be rebutted by any contrary evidence, as is possible with section 75.
Dual criminality Section 72 provides differing levels of dual criminality for specified offences according to the UK citizenship status of an offender. For UK nationals, acts outside the UK that would amount to an offence in England and Wales can be prosecuted as if they had been done in England and Wales, regardless of whether the acts are lawful where they were done. For UK residents, acts outside the United Kingdom have to constitute an offence in the country where they are committed, in order to be prosecuted in England and Wales.
Other provisions The act also now includes provisions against
sex tourism. People who travel abroad with the intent to commit sexual offences can have their passports revoked or travel restricted. Group homosexual sex has been decriminalised, in that schedule 6 of the 2003 act caused section 12 of the Sexual Offences Act 1956 to be omitted, removing the offence of homosexual sex "when more than two persons take part or are present". Part II of the act also consolidated the provisions of the
Sex Offenders Act 1997 on registration of sex offenders and protective orders. These provisions generally apply throughout the United Kingdom. Section 45(2) changed the definition of "child" in the
Protection of Children Act 1978 (which applies to child pornography) from a person under 16 to a person under 18. Section 45 also inserted section 1A of the 1978 act, and section 160A of the
Criminal Justice Act 1988, which create defences which apply where the photograph showed the child alone or with the defendant (but not if it showed any other person), the defendant proves that the photograph was of the child aged 16 or over and that he and the child were married or lived together as partners in an enduring family relationship, and certain other conditions are met. The Sexual Offences Act 2003 creates further offences relating to prostitution. • Sections 47 to 50 prohibit
child prostitution. • Sections 52 and 53 prohibit
pimping for financial gain. • Sections 57 to 59 create offences relating to
sex trafficking. • Section 71 creates a specific gender-neutral offence of sexual activity in public toilets. It repealed some of the predecessor offences, such as loitering or soliciting in public toiles, and gross indecency between men. • The Act also inserted a new section 33A into the
Sexual Offences Act 1956, which relates to brothels. A new section 51A was inserted by the
Policing and Crime Act 2009, which prohibits
soliciting. This came into effect on 1 April 2010. ==Criticisms==