Wednesday 5 March 2014

AVP and Legislation.

A bit of an uphill struggle getting the UK Media and others to understand AVP - especially when it appears in UK Legislation. Here is my interpretation of what it shows now, and what it should show in "Richard's world".
 
I won't bore you with the reasoning's behind this - earlier posts from 2013 will explain this & you will probably have read these already.
 
 
 
Abuse of children through prostitution and pornography sexual exploitation.
 
47 Paying for sexual services abuse/exploitation of a child.
 
(1) A person (A) commits an offence if—
 
          (a) he intentionally obtains for himself the sexual services abuse of another person (B),
          (b) before obtaining those services, he has made or promised payment for those services this abuse to B or a third person, or knows that another person has made or promised such a payment, and
          (c) either—
               (i) B is under 18, and A does not reasonably believe that B is 18 or over, or
               (ii) B is under 13.
(2) In this section, “payment” means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services abuse/exploitation) gratuitously or at a discount.
 
(3) A person guilty of an offence under this section against a person under 13, where subsection (6) applies, is liable on conviction on indictment to imprisonment for life.
 
(4) Unless subsection (3) applies, a person guilty of an offence under this section against a person under 16 is liable—
        (a) where subsection (6) applies, on conviction on indictment, to imprisonment for a term not exceeding 14 years;
        (b) in any other case—
           (i) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
           (ii) on conviction on indictment, to imprisonment for a term not exceeding 14 years.
 
(5 ) Unless subsection (3) or (4) applies, a person guilty of an offence under this section is liable—
        (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
        (b) on conviction on indictment, to imprisonment for a term not exceeding 7 years.
 
(6) This subsection applies where the offence involved—
        (a) penetration of B’s anus or vagina with a part of A’s body or anything else,
        (b )penetration of B’s mouth with A’s penis,
        (c) penetration of A’s anus or vagina with a part of B’s body or by B with anything else, or
        (d) penetration of A’s mouth with B’s penis.
 
 
48 Causing or inciting child prostitution prostituted children or pornography filmed sexual abuse/exploitation.
 
(1) A person (A) commits an offence if—
        (a) he intentionally causes or incites another person (B) to become a prostitute, prostitutes another person (B), or to be involved in pornography filmed sexual abuse/exploitation, in any part of the world, and
        (b) either—
           (i) B is under 18, and A does not reasonably believe that B is 18 or over, or
           (ii) B is under 13.
 
(2) A person guilty of an offence under this section is liable—
        (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
        (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.
 
 
49 Controlling a child prostitute prostituted child or a child involved in pornography filmed sexual abuse/exploitation.
 
(1) A person (A) commits an offence if—
        (a) he intentionally controls any of the activities of another person (B) relating to B’s prostitution the prostitution of B or involvement in pornography filmed sexual abuse/exploitation in any part of the world, and
        (b) either—
           (i) B is under 18, and A does not reasonably believe that B is 18 or over, or
           (ii) B is under 13.
(2) A person guilty of an offence under this section is liable—
        (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
        (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.
 
 
50 Arranging or facilitating child prostitution prostituted children or pornography filmed sexual abuse/exploitation.
 
(1) A person (A) commits an offence if—
        (a) he intentionally arranges or facilitates the prostitution or involvement in pornography filmed sexual abuse/exploitation in any part of the world of another person (B), and
        (b) either—
           (i) B is under 18, and A does not reasonably believe that B is 18 or over, or
       v  (ii) B is under 13.
(2) A person guilty of an offence under this section is liable—
        (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
        (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years.
 
 
51 Sections 48 to 50: interpretation
 
(1) For the purposes of sections 48 to 50, a person is involved in pornography filmed sexual abuse/exploitation if an indecent image of that person is recorded; and similar expressions, and “pornography” "filmed sexual abuse/exploitation", are to be interpreted accordingly.
 
(2) In those sections “prostitute"prostituted child" means a person (A) who, on at least one occasion and whether or not compelled to do so, offers or provides sexual services is sexually abused by to another person in return for payment or a promise of payment to A or a third person; and “prostitution"prostituted child" is to be interpreted accordingly.
 
(3) In subsection (2), “payment” means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount.
 
Quite simple really.
 
This needs to be challenged.
 
Where is the point in pointing this out to Daily Mail: No 10 aide arrested over child porn (as an example), when one part of UK Legislation refers to "Indecent Photographs of a Child", and one refers to "Child Pornography" and "Child Prostitutes"?

1 comment:

  1. Well done, once again. If it seems an endless and often thankless task to effect change through the power of language, the right idea is at least making noticeable inroads now. Nearly every day I can find some mention online of how thoughtful people should refer to the crime of child abuse images, instead of calling it child porn. You are generating success with this, and with this change in language we will see corresponding progress in how young victims are understood by the general public.

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