Sexual Offences Act 1956

28 Causing or encouraging prostitution of, intercourse with, or indecent assault on, girl under sixteen. E+W

(1) It is an offence for a person to cause or encourage the prostitution of, or the commission of unlawful sexual intercourse with, or of an indecent assault on, a girl under the age of sixteen for whom he is responsible.

(2) Where a girl has become a prostitute, or has had unlawful sexual intercourse, or has been indecently assaulted, a person shall be deemed for the purposes of this section to have caused or encouraged it, if he knowingly allowed her to consort with, or to enter or continue in the employment of, any prostitute or person of known immoral character.

[F1 (3) The persons who are to be treated for the purposes of this section as responsible for a girl are (subject to the next following subsection)—

(a) any person who is her parent or legal guardian; and

(b) any person who has actual possession or control of her, or to whose charge she has been committed by her parent or legal guardian or by a person having the custody of her; and

(c) any other person who has the custody, charge or care of her.

(4) In the last foregoing subsection—

(a) “parent” does not include, in relation to any girl, a person deprived of the custody of her by order of a court of competent jurisdiction but (subject to that), in the case of a girl who . . . F2 is illegitimate . . . F2 , means her mother and any person who has been adjudged to be her putative father;

(b) “legal guardian” means, in relation to any girl, any person who is for the time being her guardian, having been appointed according to law by deed or will or by order of a court of competent jurisdiction.]

[F1 (3) The persons who are to be treated for the purposes of this section as responsible for a girl are (subject to subsection (4) of this section)—

(a) her parents;

(b) any person who is not a parent of hers but who has parental responsibility for her; and

(c) any person who has care of her.

(4) An individual falling within subsection (3)(a) or (b) of this section is not to be treated as responsible for a girl if—

(a) a residence order under the Children Act 1989 is in force with respect to her and he is not named in the order as the person with whom she is to live; or

(b) a care order under that Act is in force with respect to her.]

(5) If, on a charge of an offence against a girl under this section, the girl appears to the court to have been under the age of sixteen at the time of the offence charged, she shall be presumed for the purposes of this section to have been so, unless the contrary is proved.

Textual Amendments

F1 S. 28(3)(4) ending with the words “...with respect to her.” substituted (prosp.) for s. 28(3)(4) ending with the words “...a court of competent jurisdiction.” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(4), Sch. 12 para. 14

F2 Words repealed by Children Act 1975 (c. 72), Sch. 4 Pt. I