Criminal Justice and Public Order Act 1994

Part XI Sexual Offences

Rape

142 Rape of women and men

For section 1 of the [1956 c. 69.] Sexual Offences Act 1956 (rape of a woman) there shall be substituted the following section—

“1 Rape of woman or man

(1) It is an offence for a man to rape a woman or another man.

(2) A man commits rape if—

(a) he has sexual intercourse with a person (whether vaginal or anal) who at the time of the intercourse does not consent to it; and

(b) at the time he knows that the person does not consent to the intercourse or is reckless as to whether that person consents to it.

(3) A man also commits rape if he induces a married woman to have sexual intercourse with him by impersonating her husband.

(4) Subsection (2) applies for the purpose of any enactment.”.

Male rape and buggery

143 Male rape and buggery

(1) Section 12 of the Sexual Offences Act 1956 (offence of buggery) shall be amended as follows.

(2) In subsection (1), after the words “another person” there shall be inserted the words “otherwise than in the circumstances described in subsection (1A) below”.

(3) After subsection (1), there shall be inserted the following subsections—

“(1A) The circumstances referred to in subsection (1) are that the act of buggery takes place in private and both parties have attained the age of eighteen.

(1B) An act of buggery by one man with another shall not be treated as taking place in private if it takes place—

(a) when more than two persons take part or are present; or

(b) in a lavatory to which the public have or are permitted to have access, whether on payment or otherwise.

(1C) In any proceedings against a person for buggery with another person it shall be for the prosecutor to prove that the act of buggery took place otherwise than in private or that one of the parties to it had not attained the age of eighteen.”.

Revised penalties for certain sexual offences

144 Revised penalties for buggery and indecency between men

(1) The following paragraphs of the Second Schedule to the [1956 c. 69.] Sexual Offences Act 1956 (which prescribe the punishments for offences of buggery and of indecency between men) shall be amended as follows.

(2) In paragraph 3—

(a) in sub-paragraph (a) (buggery), for the entry in the third column there shall be substituted “If with a person under the age of sixteen or with an animal, life; if the accused is of or over the age of twenty-one and the other person is under the age of eighteen, five years, but otherwise two years.”; and

(b) in sub-paragraph (a) (attempted buggery), for the entry in the third column there shall be substituted “If with a person under the age of sixteen or with an animal, life; if the accused is of or over the age of twenty-one and the other person is under the age of eighteen, five years, but otherwise two years.”.

(3) In paragraph 16—

(a) in sub-paragraph (a) (indecency between men), for the entry in the third column there shall be substituted “If by a man of or over the age of twenty-one with a man under the age of eighteen, five years; otherwise two years.”; and

(b) in sub-paragraph (b) (attempted procurement of commission by a man of an act of gross indecency with another man), for the entry in the third column there shall be substituted “If the attempt is by a man of or over the age of twenty-one to procure a man under the age of eighteen to commit an act of gross indecency with another man, five years; otherwise two years.”.

Homosexuality

145 Age at which homosexual acts are lawful

(1) In section 1 of the [1967 c. 60.] Sexual Offences Act 1967 (amendment of law relating to homosexual acts in private), for “twenty-one” in both places where it occurs there is substituted “eighteen”.

(2) In section 80 of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980 (homosexual offences), for “twenty-one” in each place where it occurs there is substituted “eighteen”.

(3) In Article 3 of the [S.I. 1982/1536 (N.I. 19).] Homosexual Offences (Northern Ireland) Order 1982 (homosexual acts in private), for “21” in both places where it occurs there is substituted “18”.

146 Extension of Sexual Offences Act 1967 to the armed forces and merchant navy

(1) Section 1(5) of the Sexual Offences Act 1967 (homosexual acts in the armed forces) is repealed.

(2) In section 80 of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980—

(a) subsection (5) (homosexual acts in the armed forces) shall cease to have effect;

(b) in subsection (7)—

(i) after paragraph (b) there shall be inserted the word “or”; and

(ii) paragraph (d) (homosexual acts on merchant ships) and the word “; or” immediately preceding that paragraph shall cease to have effect; and

(c) subsection (8) (interpretation) shall cease to have effect.

(3) Section 2 of the [1967 c. 60.] Sexual Offences Act 1967 (homosexual acts on merchant ships) is repealed.

(4) Nothing contained in this section shall prevent a homosexual act (with or without other acts or circumstances) from constituting a ground for discharging a member of Her Majesty’s armed forces from the service or dismissing a member of the crew of a United Kingdom merchant ship from his ship or, in the case of a member of Her Majesty’s armed forces, where the act occurs in conjunction with other acts or circumstances, from constituting an offence under the [1955 c. 18.] Army Act 1955, the [1955 c. 19.] Air Force Act 1955 or the [1957 c. 53.] Naval Discipline Act 1957.

Expressions used in this subsection and any enactment repealed by this section have the same meaning in this subsection as in that enactment.

147 Homosexuality on merchant ships and in the armed forces: Northern Ireland

(1) In the [S.I. 1982/1536 (N.I. 19).] Homosexual Offences (Northern Ireland) Order 1982, the following are revoked—

(a) in article 3(1) (homosexual acts in private), the words “and Article 5 (merchant seamen)”; and

(b) article 5 (homosexual acts on merchant ships).

(2) Article 3(4) of the Homosexual Offences (Northern Ireland) Order 1982 (homosexual acts in the armed forces) is revoked.

(3) Nothing in this section shall prevent a homosexual act (with or without other acts or circumstances) from constituting a ground for discharging a member of Her Majesty’s armed forces from the service or dismissing a member of the crew of a United Kingdom merchant ship from his ship or, in the case of a member of Her Majesty’s armed forces, where the act occurs in conjunction with other acts or circumstances, from constituting an offence under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957.

Expressions used in this subsection and any enactment repealed by this section have the same meaning in this subsection as in that enactment.

148 Amendment of law relating to homosexual acts in Scotland

In section 80(6) of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980 (which defines “homosexual act” for the purpose of section 80), after “gross indecency” there is inserted “or shameless indecency”.