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Counts on the indictment must :. Offences against children under 13, where age can be proved, should be charged under sections 5 - 8, where the circumstances fall within those sections. For example section 5 rape of a child under 13 should be preferred rather than section 1 rape, so that the charge reflects that the offence was committed against a child and consideration by the jury of the issue of consent is not required.

Where there is an absence of consent, and an absence of reasonable belief in consent, it may be appropriate to charge a non-consensual offence contrary to sections or SOA but prosecutors should have regard to available sentencing options. Section 25 familial child sex offence where the complainant is 13 or over should be charged rather than section 9 Sexual Activity with a Child , as long as all the elements can be proved.

Adopting this approach makes clear the context in which an offence is committed. The Sexual Offences Act the Act came into force on the 1 May and applies to all offences committed on or after that date. Its purpose was to strengthen and update the law on sexual offences, whilst improving the protection of individuals from sexual offenders. In addition to repealing most, but not all, of the previous legislation and introducing new sentencing options there have also been changes to the maximum sentencing powers and changes to sentencing provisions.

Prosecutors must therefore consider not only which provision was in force at the relevant time but also whether the maximum sentence has changed. Where a count crosses the date of the change in maximum sentence then the lower maximum sentence will apply. In cases where it is not possible to prove whether the offence occurred before or after 1st May , section 55 Violent Crime Reduction Act applies.