Criminal Justice and Courts Bill 2013 – 15…The extension of the Dangerous Pictures Act to cover rape porn nears completion

Posted: 23 November, 2014 in Dangerous Pictures Act
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Read more UK Government Watch at MelonFarmers.co.uk

Houses of Parliament The new clause extending the Dangerous Pictures Act to cover rape porn has passed through the House of Lords. The next step is the Ping Pong stage where the House of Commons debates House of Lords amendments which do noteffect the Dangerous Pictures clauses. This stage will occur on 1st December 2014.The existing Dangerous Pictures Act may be summarised:

Criminal Justice and Immigration Act 2008. Section 63 Possession of extreme pornographic images:

It is an offence for a person to be in possession of an extreme pornographic image.

An extreme pornographic image is an image which meets all of the following three definitions

  1. is pornographic , ie it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal.
  2. is grossly offensive, disgusting or otherwise of an obscene character.
  3. it portrays, in an explicit and realistic way, any of the following—
  • (a) an act which threatens a person’s life,
  • (b) an act which results, or is likely to result, in serious injury to a person’s anus, breasts or genitals,
  • (c) an act which involves sexual interference with a human corpse, or
  • (d) a person performing an act of intercourse or oral sex with an animal (whether dead or alive), and a reasonable person looking at the image would think that any such person or animal was real.

The Criminal Justice and Courts Bill will extend the list. The list of image types above, ie life threatening act, serious injury, necrophilia, or bestiality is extended by:

37 Possession of pornographic images of rape and assault by penetration

(7A) An image falls within this subsection if it portrays, in an explicit and realistic way, either of the following—

(a) an act which involves the non-consensual penetration of a person’s vagina, anus or mouth by another with the other person’s penis, or

(b) an act which involves the non-consensual sexual penetration of a person’s vagina or anus by another with a part of the other person’s body or anything else,

and a reasonable person looking at the image would think that 30the persons were real.

(7B) For the purposes of subsection (7A)—

(a) penetration is a continuing act from entry to withdrawal;

(b) vagina includes vulva.

The new clause will apply only in England and Wales. Scotland has its own version of the Dangerous Pictures Act that already includes rape porn. Northern Ireland seems to have been omitted, maybe it will enact its own version later.

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