link to page 4 link to page 6 link to page 6 link to page 8 link to page 10 link to page 12 link to page 12 link to page 15 link to page 21 link to page 24 link to page 27 link to page 18 link to page 29 link to page 32 link to page 35 link to page 37 link to page 37 link to page 39 link to page 41 link to page 43 link to page 43 link to page 45 link to page 45
Home Office Counting Rules For Recorded Crime
April 2008
Sexual Offences
16
Buggery – repealed wef May 2004
17
Indecent Assault on a Male – wef May 2004
split into:
17A
Sexual Assault on a Male aged 13 and over
17B
Sexual Assault on a Male Child under 13
18
Gross Indecency between Males – repealed
wef May 2004
19A
Rape of a Female - wef May 2004 split into:
19C
Rape of a Female aged 16 and over
19D
Rape of a Female Child under 16
19E
Rape of a Female Child under 13
19B
Rape of a Male – wef May 2004 split into:
19F
Rape of a Male aged 16 and over
19G
Rape of a Male Child under 16
19H
Rape of a Male Child under 13
20
Indecent Assault on a Female – wef May 2004
split into:
20A
Sexual Assault on a Female aged 13 and over
20B
Sexual Assault on a Female Child under 13
21
Sexual Activity involving a Child under 13 –
wef May 2004
22
Unlawful Sexual Intercourse with Girl under 16
– repealed wef May 2004
All Counting Rules enquiries should be directed to the Force Crime Registrar
link to page 47 link to page 47 link to page 49 link to page 49 link to page 51 link to page 51 link to page 55 link to page 57 link to page 59 link to page 60 link to page 60 link to page 62 link to page 62 link to page 64 link to page 64 link to page 66 link to page 66 link to page 68 link to page 68 link to page 73 link to page 73
Home Office Counting Rules For Recorded Crime
April 2008
22A
Causing Sexual Activity without Consent –
wef May 2004
22B
Sexual Activity involving a Child under 16 –
wef May 2004
23
Incest or Familial Sexual Offences
(previously titled Incest)
24
Exploitation of Prostitution – wef May 2004
25
Abduction of female – repealed wef May 2004
26
Bigamy (moved to Other Offences on 1
April
2008)
27
Soliciting for the Purpose of Prostitution
– wef May 2004
70
Sexual Activity etc with a Person with a Mental
Disorder – wef May 2004
71
Abuse of Children through Prostitution and
Pornography – wef May 2004
72
Trafficking for Sexual Exploitation – wef
May 2004
73
Abuse of Position of Trust of a Sexual Nature –
wef May 2004
74
Gross Indecency with a Child– repealed wef
May 2004
All Counting Rules enquiries should be directed to the Force Crime Registrar
link to page 75 link to page 77 link to page 78 link to page 80 link to page 82
Home Office Counting Rules For Recorded Crime
April 2008
88A
Sexual Grooming – wef May 2004
88B
No longer in use
88C
Other Miscellaneous Sexual Offences
88D
Unnatural Sexual Offences
88E
Exposure and Voyeurism
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
16
Buggery
Classification (1 of 1)
WITH EFFECT FROM MAY 2004 ALL LEGISLATION UNDER THIS CLASSIFICATION
IS REPEALED BY THE SEXUAL OFFENCES ACT 2003.
CLASS 16 STILL APPLIES FOR ALL OFFENCES RECORDED AND DETECTED
BEFORE MAY 2004 AND FOR OFFENCES RECORDED BEFORE MAY 2004 BUT
DETECTED
AFTERWARDS.
FOR OFFENCES RECORDED AFTER MAY 2004 BUT COMMITTED BEFORE MAY 2004
TREAT UNDER THE PREVIOUS LEGISLATION WHEREVER POSSIBLE.
16/5
Buggery or act of gross indecency
16/12-21 Buggery and attempted buggery.
(V)
by male member of staff of hospital
(V)
Sexual Offences Act 1956 Sec 12.
or mental nursing home with male patient.
Mental Health Act 1959 Sec 128(1)(a).
16/22
Buggery with an animal.
(S)
Sexual Offences Act 1956 Sec 12.
16/6
Buggery or act of gross indecency
(V)
by man with mentally disordered male
16/23-28 Buggery and attempted buggery.
patient who is the subject of his care.
(V)
Sexual Offences Act 1956 Sec 12.
Mental Health Act 1959 Sec 128(1)(b).
(as amended by Sexual Offences
(Amendment) Act 2000 Sec 1).
16/11
Assault with intent to commit buggery.
(V)
Sexual Offences Act 1956 Sec 16.
CLASSIFICATION: UNWILLING VICTIM
If the victim is unwilling, then the crime should be classified as either female rape (class 19A) or male rape
(class 19B) as appropriate.
COVERAGE - LEGAL: (BUGGERY FROM 1 JANUARY 2001)
Buggery (ie anal intercourse) between two people should not be recorded as a crime if it takes place in
private, and both parties are 16 or over.
COVERAGE - LEGAL: MENTAL HEALTH OFFENCES
SEXUAL OFFENCES ACT 1967 SEC 1(4)
The original Mental Health Act Sec 128 offences relate to having unlawful sexual intercourse with a woman
(classes 19/3,4). The Sexual Offences Act 1967 extends this to include buggery or other acts of gross
indecency with another man.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
16
Buggery
Counting Rules (1 of 1)
GENERAL
RULE:
ONE
CRIME FOR EACH RELATIONSHIP.
EXAMPLE 1:
Three separate pairs of men are reported committing buggery in
a park.
Three crimes (class 16).
EXAMPLE 2:
Three persons acting together assault a fourth with the intention of
committing
buggery
but
are
prevented.
One crime (class 16).
APPLICATION OF THE RULE
If a person has been buggered by more than one other man, count these crimes separately, unless
the perpetrators have been acting together as a group.
Example 1:
Two men are buggered by four other members of a group in a public place.
Two crimes (class 16).
If the number of relationships cannot be determined, count one crime.
Buggery with an animal: One crime for each offender or group of offenders.
Finished Incidents: see also General Rules Section E.
Example 1:
A man admits to having committed buggery with a boy under 16 on numerous occasions
over several years. The boy was willing, and no previous reports have been made.
One crime (class 16).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
17
Indecent Assault on a Male
Classification (1 of 1)
WITH EFFECT FROM MAY 2004 THIS OFFENCE CLASSIFICATION IS SPLIT INTO
CODES 17A AND 17B.
CLASS 17 STILL APPLIES FOR ALL OFFENCES RECORDED AND DETECTED
BEFORE MAY 2004 AND FOR OFFENCES RECORDED BEFORE MAY 2004 BUT
DETECTED
AFTERWARDS.
FOR OFFENCES RECORDED AFTER MAY 2004 BUT COMMITTED BEFORE MAY 2004
TREAT UNDER THE PREVIOUS LEGISLATION WHEREVER POSSIBLE.
17/11
Indecent assault on male person
17/12
Indecent assault on male person
(V) under
16
years.
(V)
16 years and over.
Sexual Offences Act 1956 Sec 15.
Sexual Offences Act 1956 Sec 15.
COVERAGE – LEGAL: WILLING VICTIM
SEXUAL OFFENCES ACT 1956 SEC 15
This law presumes that a crime has not taken place if the victim is willing, except when he is under 16 or a
defective.
DEFINITION: INDECENT ASSAULT
An assault accompanied by an act of indecency, which may include indecent suggestions or gestures.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
17
Indecent Assault on a Male
Counting Rules (1 of 1)
GENERAL RULE:
ONE CRIME FOR EACH PERSON INDECENTLY ASSAULTED.
EXAMPLE 1:
A man indecently assaults four other men.
Four crimes (class 17).
APPLICATION OF THE RULE
If a victim was indecently assaulted by more than one offender, count crimes separately unless the
offenders were acting together as a group.
Example 1:
A man is indecently assaulted by a group of three.
One crime (class 17).
Finished Incidents: see also General Rules Section E.
Example 1:
A series of indecent assaults on a boy on numerous occasions over several years is
reported for the first time.
One crime (class 17).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
17A
Sexual Assault on a Male aged 13
and over
Classification (1 of 1)
NEW LEGISLATION INTRODUCED UNDER THE SEXUAL OFFENCES ACT 2003
WITH EFFECT FROM MAY 2004.
17/13
Assault on a male by penetration.
17/15
Sexual assault on a male.
(V)
Sexual Offences Act 2003 Sec 2.
(V)
Sexual Offences Act 2003 Sec 3.
DEFINITION - LEGAL: ASSAULT BY PENETRATION
SEXUAL OFFENCES ACT 2003 SEC 2
“A person ‘A’ commits an offence if - (a) he intentionally penetrates the vagina or anus of another person ‘B’
with a part of his body or anything else, (b) the penetration is sexual, (c) ‘B’ does not consent to the
penetration, and (d) ‘A’ does not reasonably believe that ‘B’ consents.”
DEFINITION – LEGAL: SEXUAL ASSAULT
SEXUAL OFFENCES ACT 2003 SEC 3
“A person ‘A’ commits an offence if - (a) he intentionally touches another person ‘B’, (b) the touching is
sexual, (c) ‘B’ does not consent to the touching and (d) ‘A’ does not reasonably believe that ‘B’ consents.”
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
17A
Sexual Assault on a Male aged 13
and over
Counting Rules (1 of 1)
GENERAL RULE:
ONE CRIME FOR EACH PERSON SEXUALLY ASSAULTED.
EXAMPLE
1:
A man sexually assaults four other men.
Four crimes (class 17A).
APPLICATION OF THE RULE
If a victim was sexually assaulted by more than one offender, count crimes separately unless the
offenders were acting together as a group.
Example 1:
A man is sexually assaulted by a group of three.
One crime (class 17A).
Finished Incidents: see also General Rules Section E.
Example 1:
A series of sexual assaults on a man on numerous occasions over several years is reported
for the first time.
One crime (class 17A).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
17B
Sexual Assault on a Male Child
under 13
Classification (1 of 1)
NEW LEGISLATION INTRODUCED UNDER THE SEXUAL OFFENCES ACT 2003
WITH EFFECT FROM MAY 2004.
17/14
Assault of a male child under 13
17/16
Sexual assault on a male child under 13.
(V) by
penetration.
(V)
Sexual Offences Act 2003 Sec 7.
Sexual Offences Act 2003 Sec 6.
DEFINITION - LEGAL: ASSAULT BY PENETRATION
SEXUAL OFFENCES ACT 2003 SEC 6
“A person commits an offence if (a) he intentionally penetrates the vagina or anus of another person with any
part of his body or anything else, (b) the penetration is sexual, and (c) the other person is under 13.”
DEFINITION - LEGAL: SEXUAL ASSAULT
SEXUAL OFFENCES ACT 2003 SEC 7
A person commits an offence if (a) he intentionally touches another person, (b) the touching is sexual, and
the other person is under 13.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
17B
Sexual Assault on a Male Child
under 13
Counting Rules (1 of 1)
GENERAL RULE:
ONE CRIME FOR EACH CHILD SEXUALLY ASSAULTED.
APPLICATION OF THE RULE
If a child was sexually assaulted by more than one offender, count crimes separately unless the
offenders were acting together as a group.
Example 1:
A child is sexually assaulted by a group of three.
One crime (class 17A).
Finished Incidents: see also General Rules Section E.
Example 1:
A series of sexual assaults on a child on numerous occasions over several years is reported
for the first time.
One crime (class 17A).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
18
Gross Indecency between Males
Classification (1 of 2)
WITH EFFECT FROM MAY 2004 ALL LEGISLATION UNDER THIS CLASSIFICATION
IS REPEALED BY THE SEXUAL OFFENCES ACT 2003.
CLASS 18 STILL APPLIES FOR ALL OFFENCES RECORDED AND DETECTED
BEFORE MAY 2004 AND FOR OFFENCES RECORDED BEFORE MAY 2004 BUT
DETECTED AFTERWARDS.
FOR OFFENCES RECORDED AFTER MAY 2004 BUT COMMITTED BEFORE MAY 2004
TREAT UNDER THE PREVIOUS LEGISLATION WHEREVER POSSIBLE.
18/2-6
Gross indecency between males.
18/7-11 Gross indecency between males.
(S)
Sexual Offences Act 1956 Sec 13(pt).
(S)
Sexual Offences Act 1956 Sec 13(pt)
(as amended by Sexual Offences
(Amendment) Act 2000 Sec 1).
CLASSIFICATION & DEFINITION - LEGAL: INDECENCY BETWEEN MEN
SEXUAL OFFENCES ACT 1956 SEC 13
“It is an offence for a man to commit an act of gross indecency with another man, whether in public
or in private [*], or to be a party to the commission by a man of an act of gross indecency with another man,
or to procure the commission by a man of an act of gross indecency with another man.”
The part in bold constitutes class 18; the remainder is classified within class 24 (procuration).
Gross indecency between males includes conduct such as mutual masturbation and oral sex.
*
Under Section 1 of the Sexual Offences (Amendment) Act 2000, it is no longer a crime if committed
in private by two consenting men of 16 or over.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
18
Gross Indecency between Males
Classification (2 of 2)
Gross Indecency between Males: Classification
Gross indecency
between
consenting males
Yes
In public
One or more
Gross indecency
under 14
between males (18)
Yes
No
Yes
No
Gross indecency
with a child (74)
No crime
All consenting males
16 or over
Yes
No
One or more
Gross indecency
under 14
between males (18)
No
Yes
Gross indecency
with a child (74)
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
18
Gross Indecency between Males
Counting Rules (1 of 1)
GENERAL
RULE:
ONE
CRIME FOR EACH RELATIONSHIP.
EXAMPLE 1:
Two couples committing indecent acts in a public place.
Two crimes (class 18).
APPLICATION OF THE RULE
If the number of relationships cannot be determined, count one crime.
Finished Incidents: see also General Rules Section E.
Example 1:
A person reports two consenting men over 16 committing indecent acts in public on three
separate occasions.
(i)
Incidents reported all at once.
One crime (class 18).
(ii)
Incidents reported separately.
Three crimes (class 18).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
19A
Rape of a Female
Classification (1 of 1)
WITH EFFECT FROM MAY 2004 THIS OFFENCE CLASSIFICATION IS SPLIT INTO
CODES 19C, 19D AND 19E.
CLASS 19A STILL APPLIES FOR ALL OFFENCES RECORDED AND DETECTED
BEFORE MAY 2004 AND FOR OFFENCES RECORDED BEFORE MAY 2004 BUT
DETECTED AFTERWARDS.
FOR OFFENCES RECORDED AFTER MAY 2004 BUT COMMITTED BEFORE MAY 2004
TREAT UNDER THE PREVIOUS LEGISLATION WHEREVER POSSIBLE.
19/2
Man having unlawful sexual intercourse
19/7
Rape of a female aged under 16.
(V)
with a woman who is a defective.
(V)
Sexual Offences Act 1956 Sec 1(pt).
Sexual Offences Act 1956 Sec 7.
19/8
Rape of a female aged 16 or over.
19/3
Male member of staff of hospital or
(V)
Sexual Offences Act 1956 Sec 1(pt).
(V)
mental nursing home having unlawful
sexual intercourse with female patient.
19/11
Attempted rape of female aged under 16 .
Mental Health Act 1959 Sec 128(1)(a).
(V)
Sexual Offences Act 1956 Sec 1(pt).
19/4
Man having unlawful sexual intercourse
19/12
Attempted rape of female aged 16 or over.
(V)
with mentally disordered female patient
(V)
Sexual Offences Act 1956 Sec 1(pt).
who is subject to his care.
Mental Health Act 1959 Sec 128(1)(b).
DEFINITION - LEGAL: RAPE OF WOMAN OR MAN
SEXUAL OFFENCES ACT 1956 SEC 1
as amended by the Criminal Justice and Public Order Act 1994 Sec 142.
“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.”
“A man [also] commits rape if he induces a married woman to have sexual intercourse with him by
impersonating her husband.”
RECORDING PRACTICE: Sexual Assault Referral Centre (SARCS)
For full details of crime recording practice in relation to SARCS, please refer to General Rules, Section A,
Whether and When to Record.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
19A
Rape of a Female
Counting Rules (1 of 2)
GENERAL RULE:
ONE CRIME FOR EACH WOMAN RAPED.
APPLICATION OF THE RULE
If a woman is raped by more than one man, count crimes separately unless the men are acting
together as a group.
Attempted Rape: one crime for each victim.
Example 1:
A man attempts to rape three women and succeeds with a fourth.
Four crimes (class 19A) (ie three attempts and one substantive).
Example 2:
Two women are raped by a group of men.
Two crimes (class 19A) as there are two victims.
Crimes in More Than One Force: see also General Rules Section G.
Example 1:
A man is arrested for rape and admits raping three other women in different parts of the
country, those crimes not previously reported.
Each force to record the rapes committed in their area (class 19A).
Finished Incident: see also General Rules Section E.
Example 1:
A women has been raped by the same man on numerous occasions over several years, and
she reports it for the first time.
One crime (class 19A).
Principal Crime: see also General Rules Section F & Annex F. Only homicide and attempted murder
should be recorded instead of rape.
Example 1:
A man rapes and attempts to murder a woman.
One crime (class 2).
Example 2:
A man rapes and intentionally commits GBH on a woman.
One crime (class 19A).
Example 3:
A man rapes and robs a woman.
One crime (class 19A).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
19A
Rape of a Female
Counting Rules (2 of 2)
Timing of Recording: see also General Rules Section A.
Example 1:
A woman reports in April 2004 that she was raped three years ago.
One crime (class 19A) - (within the current year total).
Whether to record: see also General Rules Section A.
Example 1:
A woman reports having been raped, but the alleged offender insists that she consented.
One crime (class 19A).
Example 2:
As above, but she does not want the matter taken further.
One crime (class 19A).
Example 3:
As above, but the woman later admits she consented.
No crime the original offence.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
19B
Rape of a Male
Classification (1 of 1)
WITH EFFECT FROM MAY 2004 THIS OFFENCE CLASSIFICATION IS SPLIT INTO
CODES 19F, 19G AND 19H.
CLASS 19B STILL APPLIES FOR ALL OFFENCES RECORDED AND DETECTED
BEFORE MAY 2004 AND FOR OFFENCES RECORDED BEFORE MAY 2004 BUT
DETECTED AFTERWARDS.
FOR OFFENCES RECORDED AFTER MAY 2004 BUT COMMITTED BEFORE MAY 2004
TREAT UNDER THE PREVIOUS LEGISLATION WHEREVER POSSIBLE.
19/9
Rape of a male aged under 16.
19/13
Attempted rape of male aged under 16.
(V)
Sexual Offences Act 1956 Sec 1(pt).
(V)
Sexual Offences Act 1956 Sec 1(pt).
19/10
Rape of a male aged 16 or over.
19/14
Attempted rape of male aged 16 or over.
(V)
Sexual Offences Act 1956 Sec 1(pt).
(V)
Sexual Offences Act 1956 Sec 1(pt).
DEFINITION - LEGAL: RAPE OF WOMAN OR MAN
SEXUAL OFFENCES ACT 1956 SEC 1
(as amended by the Criminal Justice and Public Order Act 1994 Sec 142)
“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.”
“A man [also] commits rape if he induces a married woman to have sexual intercourse with him by
impersonating her husband.”
RECORDING PRACTICE: Sexual Assault Referral Centre (SARCS)
For full details of crime recording practice in relation to SARCS, please refer to General Rules, Section A,
Whether and When to Record.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
19B
Rape of a Male
Counting Rules (1 of 2)
GENERAL RULE:
ONE CRIME FOR EACH MAN RAPED.
APPLICATION OF THE RULE
If a man is raped by more than one other man, count crimes separately unless the men are acting
together as a group.
Attempted Rape: one crime for each victim.
Example 1:
A man attempts to rape three other men and succeeds with a fourth.
Four crimes (class 19B).
Example 2:
Two men are raped by a group of men.
Two crimes (class 19B) as there are two victims.
Finished Incident: see also General Rules Section E.
Example 1:
A man has been raped by another man on numerous occasions over several years, and he
reports it for the first time.
One crime (class 19B).
Whether to record: see also General Rules Section A.
Example 1:
A man reports having been raped, but the alleged offender insists that he consented.
One crime (class 19B).
Example 2:
As above, but he does not want the matter taken further.
One crime (class 19B).
Example 3:
As above, but the man later admits he consented.
No crime the original offence.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
19B
Rape of a Male
Counting Rules (2 of 2)
Principal Crime: see also General Rules Section F & chart on class 18 classification (page 2 of 2.)
Only homicide and attempted murder should be recorded instead of rape.
Example 1:
A man rapes and attempts to murder another man.
One crime (class 2).
Example 2:
A man rapes and intentionally commits GBH on another man.
One crime (class 19B).
Example 3:
A man rapes and robs another man.
One
crime
(class
19B).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
19C
Rape of a Female aged 16 and over
Classification (1 of 1)
NEW LEGISLATION INTRODUCED UNDER THE SEXUAL OFFENCES ACT 2003
WITH EFFECT FROM MAY 2004.
19/8
Rape of a female aged 16 or over.
19/12
Attempted rape of a female aged 16 or over.
(V)
Sexual Offences Act 2003 Sec 1(pt).
(V)
Sexual Offences Act 2003 Sec 1(pt).
DEFINITION - LEGAL: RAPE
SEXUAL OFFENCES ACT 2003 SEC 1
“A person ‘A’ commits an offence if (a) he intentionally penetrates the vagina, anus or mouth of another
person ‘B’ with his penis, (b) ‘B’ does not consent to the penetration, and (c) ‘A’ does not reasonably believe
that ‘B’ consents."
RECORDING PRACTICE: Sexual Assault Referral Centre (SARCS)
For full details of crime recording practice in relation to SARCS, please refer to General Rules, Section A,
Whether and When to Record.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
19C
Rape of a Female aged 16 and over
Counting Rules (1 of 2)
GENERAL RULE:
ONE CRIME FOR EACH WOMAN RAPED.
APPLICATION OF THE RULE
If a woman is raped by more than one man, count crimes separately unless the men are acting
together as a group. Attempted Rape: one crime for each victim.
Example 1:
A man attempts to rape three women and succeeds with a fourth.
Four crimes (class 19C) (ie three attempts and one substantive).
Example 2:
Two women are raped by a group of men.
Two crimes (class 19C) as there are two victims.
Crimes in More Than One Force: see also General Rules Section G.
Example 1:
A man is arrested for rape and admits raping three other women in different parts of the
country, those crimes not previously reported.
Each force to record the rapes committed in their area (class 19C).
Finished Incident: see also General Rules Section E.
Example 1:
A women has been raped by the same man on numerous occasions over several years, and
she reports it for the first time.
One crime (class 19C).
Principal Crime: see also General Rules Section F & Annex F. Only homicide and attempted murder
should be recorded instead of rape.
Example 1:
A man rapes and attempts to murder a woman.
One crime (class 2).
Example 2:
A man rapes and intentionally commits GBH on a woman.
One crime (class 19C).
Example 3:
A man rapes and robs a woman.
One crime (class 19C).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
19C
Rape of a Female aged 16 and over
Counting Rules (2 of 2)
Timing of Recording: see also General Rules Section A.
Example 1:
A woman reports in the current year that she was raped three years ago.
One crime (class 19C) (within the current year total).
Whether to record: see also General Rules Section A.
Example 1:
A woman reports having been raped, but the alleged offender insists that she consented.
One crime (class 19C).
Example 2:
As above, but she does not want the matter taken further.
One crime (class 19C).
Example 3:
As above, but the woman later admits she consented.
No crime the original offence.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
19D
Rape of a Female Child under 16
Classification (1 of 1)
NEW LEGISLATION INTRODUCED UNDER THE SEXUAL OFFENCES ACT 2003
WITH EFFECT FROM MAY 2004.
19/7
Rape of a female aged under 16.
19/11
Attempted rape of a female aged under 16.
(V)
Sexual Offences Act 2003 Sec 1(pt).
(V)
Sexual Offences Act 2003 Sec 1(pt).
DEFINITION - LEGAL: RAPE
SEXUAL OFFENCES ACT 2003 SEC 1
“A person ‘A’ commits an offence if (a) he intentionally penetrates the vagina, anus or mouth of another
person ‘B’ with his penis, (b) ‘B’ does not consent to the penetration, and (c) ‘A’ does not reasonably believe
that ‘B’ consents."
RECORDING PRACTICE: Sexual Assault Referral Centre (SARCS)
For full details of crime recording practice in relation to SARCS, please refer to General Rules, Section A,
Whether and When to Record.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
19D
Rape of a Female Child under 16
Counting Rules (1 of 2)
GENERAL RULE:
ONE CRIME FOR EACH FEMALE CHILD RAPED.
APPLICATION OF THE RULE
If a child is raped by more than one man, count crimes separately unless the men are acting together
as a group.
Attempted Rape: one crime for each victim.
Example 1:
A man attempts to rape three female children and succeeds with a fourth.
Four crimes (class 19D) (ie three attempts and one substantive).
Example 2:
Two female children are raped by a group of men.
Two crimes (class 19D) as there are two victims.
Crimes in More Than One Force: see also General Rules Section G.
Example 1:
A man is arrested for rape and admits raping three other female children in different parts of
the country, those crimes not previously reported.
Each force to record the rapes committed in their area (class 19D).
Finished Incident: see also General Rules Section E.
Example 1:
A female child has been raped by the same man on numerous occasions over several
years, and the child reports it for the first time.
One crime (class 19D).
Principal Crime: see also General Rules Section F & Annex F. Only homicide and attempted murder
should be recorded instead of rape.
Example 1:
A man rapes and attempts to murder a female child.
One crime (class 2).
Example 2:
A man rapes and intentionally commits GBH on a female child.
One crime (class 19D).
Example 3:
A man rapes and robs a female child.
One crime (class 19D).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
19D
Rape of a Female Child under 16
Counting Rules (2 of 2)
Timing of Recording: see also General Rules Section A.
Example 1:
A female child reports in the current year that she was raped last year.
One crime (class 19D) - (within the current year total).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
19E
Rape of a Female Child under 13
Classification (1 of 1)
NEW LEGISLATION INTRODUCED UNDER THE SEXUAL OFFENCES ACT 2003
WITH EFFECT FROM MAY 2004.
19/16
Rape of a female child under 13 by a male.
19/18
Attempted rape of a female child under 13
(V)
Sexual Offences Act 2003 Sec 5(pt).
(V)
by a male.
Sexual Offences Act 2003 Sec 5(pt).
DEFINITION - LEGAL: RAPE
SEXUAL OFFENCES ACT 2003 SEC 5
“A person commits an offence if (a) he intentionally penetrates the vagina, anus or mouth of another person
with his penis, and (b) the other person is under 13."
NOTE: Being a willing participant is not an issue with this offence. The offence is complete with penetration
if the girl is under 13 years of age.
RECORDING PRACTICE: Sexual Assault Referral Centre (SARCS)
For full details of crime recording practice in relation to SARCS, please refer to General Rules, Section A,
Whether and When to Record.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
19E
Rape of a Female Child under 13
Counting Rules (1 of 1)
GENERAL RULE:
ONE CRIME FOR EACH FEMALE CHILD UNDER 13 RAPED.
EXAMPLES ARE THE SAME FOR CLASS 19D EXCEPT THE CHILD IS AGED UNDER
13 YEARS AND THE CLASSIFICATION SHOULD THEREFORE BE CLASS 19E.
APPLICATION OF THE RULE
Example 1:
A male aged 15 years has consensual intercourse with a female under the age of 13.
One crime (class 19E). The offence is complete with penetration regardless of being
a willing participant.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
19F
Rape of a Male aged 16 and over
Classification (1 of 1)
NEW LEGISLATION INTRODUCED UNDER THE SEXUAL OFFENCES ACT 2003
WITH EFFECT FROM MAY 2004.
19/10
Rape of a male aged 16 or over.
19/14
Attempted rape of a male aged 16 or over.
(V)
Sexual Offences Act 2003 Sec 1 (pt).
(V)
Sexual Offences Act 2003 Sec 1 (pt).
DEFINITION – LEGAL: RAPE
SEXUAL OFFENCES ACT 2003 SEC 1
“A person ‘A’ commits an offence if (a) he intentionally penetrates the anus or mouth of another person ‘B’
with his penis, (b) ‘B’ does not consent to the penetration, and (c) ‘A’ does not reasonably believe that ‘B’
consents."
RECORDING PRACTICE: Sexual Assault Referral Centre (SARCS)
For full details of crime recording practice in relation to SARCS, please refer to General Rules, Section A,
Whether and When to Record.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
19F
Rape of a Male aged 16 and over
Counting Rules (1 of 2)
GENERAL RULE:
ONE CRIME FOR EACH MAN RAPED.
APPLICATION OF THE RULE
If a man is raped by more than one other man, count crimes separately unless the men are acting
together as a group.
Attempted Rape: one crime for each victim.
Example 1:
A man attempts to rape three other men and succeeds with a fourth.
Four
crimes
(class
19F).
Example 2:
Two men are raped by a group of men.
Two crimes (class 19F) as there are two victims.
Finished Incident: see also General Rules Section E.
Example 1:
A man has been raped by another man on numerous occasions over several years, and he
reports it for the first time.
One crime (class 19F).
Principal Crime: see also General Rules Section F & chart on class 18 classification page 2 of 2. Only
homicide and attempted murder should be recorded instead of rape.
Example 1:
A man rapes and attempts to murder another man.
One crime (class 2).
Example 2:
A man rapes and intentionally commits GBH on another man.
One crime (class 19F).
Example 3:
A man rapes and robs another man.
One crime (class 19F).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
19F
Rape of a Male aged 16 and over
Counting Rules (2 of 2)
Whether to record: see also General Rules Section A.
Example 1:
A man reports having been raped, but the alleged offender insists that he consented.
One crime (class 19F).
Example 2:
As above, but he does not want the matter taken further.
One crime (class 19F).
Example 3:
As above, but the man later admits he consented.
No crime the original offence.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
19G
Rape of a Male Child under 16
Classification (1 of 1)
NEW LEGISLATION INTRODUCED UNDER THE SEXUAL OFFENCES ACT 2003
WITH EFFECT FROM MAY 2004.
19/9
Rape of a male aged under 16.
19/13
Attempted rape of a male aged under 16 .
(V)
Sexual Offences Act 2003 Sec 1 (pt).
(V)
Sexual Offences Act 2003 Sec 1 (pt).
DEFINITION - LEGAL: RAPE
SEXUAL OFFENCES ACT 2003 SEC 1
“A person ‘A’ commits an offence if (a) he intentionally penetrates the vagina, anus or mouth of another
person ‘B’ with his penis, (b) ‘B’ does not consent to the penetration, and (c) ‘A’ does not reasonably believe
that ‘B’ consents."
RECORDING PRACTICE: Sexual Assault Referral Centre (SARCS)
For full details of crime recording practice in relation to SARCS, please refer to General Rules, Section A,
Whether and When to Record.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
19G
Rape of a Male Child under 16
Counting Rules (1 of 2)
GENERAL RULE:
ONE CRIME FOR EACH MALE CHILD RAPED.
APPLICATION OF THE RULE
If a child is raped by more than one man, count crimes separately unless the men are acting together
as a group.
Attempted Rape: one crime for each victim.
Example 1:
A man attempts to rape three male children and succeeds with a fourth.
Four crimes (class 19G) (ie three attempts and one substantive).
Example 2:
Two male children are raped by a group of men.
Two crimes (class 19G) as there are two victims.
Crimes in More Than One Force: see also General Rules Section G.
Example 1:
A man is arrested for rape and admits raping three other male children in different parts of
the country, those crimes not previously reported.
Each force to record the rapes committed in their area (class 19G).
Finished Incident: see also General Rules Section E.
Example 1:
A male child has been raped by the same man on numerous occasions over several years,
and the child reports it for the first time.
One crime (class 19G).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
19G
Rape of a Male Child under 16
Counting Rules (2 of 2)
Principal Crime: see also General Rules Section F & Annex F. Only homicide and attempted murder
should be recorded instead of rape.
Example 1:
A man rapes and attempts to murder a male child.
One crime (class 2).
Example 2:
A man rapes and intentionally commits GBH on a male child.
One crime (class 19G).
Example 3:
A man rapes and robs a male child.
One crime (class 19G).
Timing of Recording: see also General Rules Section A.
Example 1:
A male child reports in the current year that he was raped last year.
One crime (class 19G) (within the current year total).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
19H
Rape of a Male Child under 13
Classification (1 of 1)
NEW LEGISLATION INTRODUCED UNDER THE SEXUAL OFFENCES ACT 2003
WITH EFFECT FROM MAY 2004.
19/17
Rape of a male child under 13 by a male.
19/19
Attempted rape of a male child under 13 by a male.
(V)
Sexual Offences Act 2003 Sec 5(pt).
(V)
Sexual Offences Act 2003 Sec 5(pt).
LEGAL - DEFINITION: RAPE OF A CHILD UNDER 13
SEXUAL OFFENCES ACT 2003 SEC 5
“A person commits an offence if (a) he intentionally penetrates the vagina, anus or mouth of another person
with his penis, and (b) the other person is under 13."
NOTE: Being a willing participant is not an issue with this offence. The offence is complete with penetration
if the boy is under 13 years of age.
RECORDING PRACTICE: Sexual Assault Referral Centre (SARCS)
For full details of crime recording practice in relation to SARCS, please refer to General Rules, Section A,
Whether and When to Record.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
19H
Rape of a Male Child under 13
Counting Rules (1 of 1)
GENERAL RULE:
ONE CRIME FOR EACH MALE CHILD UNDER 13 RAPED.
EXAMPLES ARE THE SAME FOR CLASS 19G EXCEPT THE CHILD IS AGED UNDER
13 YEARS AND THE CLASSIFICATION SHOULD THEREFORE BE CLASS 19H.
APPLICATION OF THE RULE
Example 1:
A boy under 13 years of age consents to anal intercourse from a 15 year old boy.
One crime (class 19H). The offence is complete with penetration regardless of
being a willing participant.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
20
Indecent Assault on a Female
Classification (1 of 1)
WITH EFFECT FROM MAY 2004 THIS OFFENCE CLASSIFICATION IS SPLIT INTO
CODES 20A AND 20B.
CLASS 20 STILL APPLIES FOR ALL OFFENCES RECORDED AND DETECTED
BEFORE MAY 2004 AND FOR OFFENCES RECORDED BEFORE MAY 2004 BUT
DETECTED AFTERWARDS.
FOR OFFENCES RECORDED AFTER MAY 2004 BUT COMMITTED BEFORE MAY 2004
TREAT UNDER THE PREVIOUS LEGISLATION WHEREVER POSSIBLE.
20/1
Indecent assault on female under 16.
20/2
Indecent assault on female 16 and over.
(V)
Sexual Offences Act 1956 Sec 14.
(V)
Sexual Offences Act 1956 Sec 14.
COVERAGE – LEGAL: WILLING VICTIM
SEXUAL OFFENCES ACT 1956 SEC 14
This law presumes that a crime has not taken place if the victim is willing, except when she is under 16 or a
defective.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
20
Indecent Assault on a Female
Counting Rules (1 of 1)
GENERAL RULE:
ONE CRIME FOR EACH WOMAN INDECENTLY ASSAULTED.
EXAMPLE 1:
A man indecently assaults two women.
Two crimes (class 20).
EXAMPLE 2:
Thirteen unreported crimes of indecent assault on different victims
were admitted by an offender during interview. Seven victims are
identified and subsequent interviews confirm the crimes, but the
remaining
six
are
unknown.
Seven crimes (class 20) (if not already recorded). An additional six
crimes only if corroboration is available.
Finished Incident: see also General Rules Section E.
Example 1:
A series of indecent assaults by the same person on a girl on numerous occasions over
several years is reported for the first time.
One crime (class 20).
Example 2:
A person having temporary charge of young children on several occasions admits to having
committed three rapes on one young child and one rape and several indecent assaults and
gross indecencies on another child. None of these crimes have been reported previously.
Two crimes (class 19A or 19B).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
20A
Sexual Assault on a Female aged 13
or over
Classification (1 of 1)
NEW LEGISLATION INTRODUCED UNDER THE SEXUAL OFFENCES ACT 2003 WITH
EFFECT FROM MAY 2004 AND SPLIT INTO CODES 20A AND 20B.
20/3
Assault on a female by penetration.
20/5
Sexual assault on a female.
(V)
Sexual Offences Act 2003 Sec 2(pt).
(V)
Sexual Offences Act 2003 Sec 3(pt).
DEFINITION - LEGAL: ASSAULT BY PENETRATION
SEXUAL OFFENCES ACT 2003 SEC 2
“A person ‘A’ commits an offence if (a) he intentionally penetrates the vagina or anus of another person ‘B’
with a part of his body or anything else, (b) the penetration is sexual, (c) ‘B’ does not consent to the
penetration and (d) ‘A’ does not reasonably believe that ‘B’ consents.”
DEFINITION - LEGAL: SEXUAL ASSAULT
SEXUAL OFFENCES ACT 2003 SEC 3
“A person ‘A’ commits an offence if (a) he intentionally touches another person ‘B’, (b) the touching is sexual,
(c) the person does not consent to the touching and (d) ‘A’ does not reasonably believe that ‘B’ consents.”
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
20A
Sexual Assault on a Female aged 13
or over
Counting Rules (1 of 1)
GENERAL RULE:
ONE CRIME FOR EACH WOMAN SEXUALLY ASSAULTED.
EXAMPLE 1:
A man sexually assaults two women.
Two crimes (class 20A).
EXAMPLE 2:
Thirteen unreported crimes of sexual assault on different victims
were admitted by an offender during interview. Seven victims are
identified and subsequent interviews confirm the crimes, but the
remaining
six
are
unknown.
Seven crimes (class 20A) (if not already recorded). An additional six
crimes only if corroboration is available.
Finished Incident: see also General Rules Section E.
Example 1:
A series of sexual assaults by the same person on a girl on numerous occasions over
several years is reported for the first time.
One crime (class 20A).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
20B
Sexual Assault on a Female Child
under 13
Classification (1 of 1)
NEW LEGISLATION INTRODUCED UNDER THE SEXUAL OFFENCES ACT 2003
WITH EFFECT FROM MAY 2004.
20/4
Assault of a female child under 13
20/6
Sexual assault of a female child under 13.
(V) by
penetration.
(V)
Sexual Offences Act 2003 Sec7(pt).
Sexual Offences Act 2003 Sec 6(pt).
DEFINITION - LEGAL: ASSAULT BY PENETRATION
SEXUAL OFFENCES ACT 2003 SEC 6
“A person commits an offence if - (a) he intentionally penetrates the vagina or anus of another person with
any part of his body or anything else, (b) the penetration is sexual, and (c) the other person is under 13.”
DEFINITION – LEGAL: SEXUAL ASSAULT
SEXUAL OFFENCES ACT 2003 SEC 7
“A person ‘A’ commits an offence if - (a) he intentionally touches another person, (b) the touching is sexual,
and (c) the other person is under 13.”
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
20B
Sexual Assault on a Female Child
under 13
Counting Rules (1 of 1)
GENERAL RULE:
ONE CRIME FOR EACH FEMALE CHILD SEXUALLY
ASSAULTED.
EXAMPLE 1:
A man sexually assaults two female children.
Two crimes (class 20B).
EXAMPLE 2:
Thirteen unreported crimes of sexual assault on different female
children were admitted by an offender during interview. Seven
victims are identified and subsequent interviews confirm the crimes,
but the remaining six are unknown.
Seven crimes (class 20B) (if not already recorded). An additional six
crimes only if corroboration is available.
Finished Incident: see also General Rules Section E.
Example 1:
A series of sexual assaults by the same person on a girl on numerous occasions over
several years is reported for the first time.
One crime (class 20B).
Example 2:
A person having temporary charge of young female children on several occasions admits to
having committed three rapes on one young child and one rape and several indecent
assaults and gross indecencies on another child. None of these crimes have been reported
previously.
Two crimes (class 19D or 19E).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
21
Sexual Activity involving a Child
under 13
Classification (1 of 1)
NEW LEGISLATION INTRODUCED UNDER THE SEXUAL OFFENCES ACT 2003
WITH EFFECT FROM MAY 2004.
OFFENCES UNDER THE PREVIOUS HEADING OF UNLAWFUL SEXUAL
INTERCOURSE WITH A GIRL UNDER 13 WHICH ARE RECORDED IN APRIL
SHOULD BE INCLUDED HERE.
FOR OFFENCES RECORDED AFTER MAY 2004 BUT COMMITTED BEFORE MAY 2004
TREAT UNDER THE PREVIOUS LEGISLATION WHEREVER POSSIBLE.
Causing or inciting a child under 13 to engage in sexual activity.
Sexual Offences Act 2003 Sec 8
Penetration
No penetration
Female
Male
Female
Male
21/2 (S/V)
21/4 (S/V)
21/3 (S/V)
21/5 (S/V)
Sexual activity with a child under 13.
Sexual Offences Act 2003 Sec 9 (pt).1 Sexual Offences Act 2003 Sec 13 (pt).2
Penetration
No penetration
Age of offender at
time of offence
Female
Male
Female
Male
18 or over1
21/6 (S/V)
21/7 (S/V)
21/18 (S/V)
21/19 (S/V)
Under 182
21/12 (S/V)
21/13 (S/V)
21/22 (S/V)
21/23 (S/V)
Causing or inciting a child under 13 to engage in sexual activity.
Sexual Offences Act 2003 Sec 10 (pt).3 Sexual Offences Act 2003 Sec 13 (pt).4
Penetration
No penetration
Age of offender at
time of offence
Female
Male
Female
Male
18 or over3
21/8 (S/V)
21/9 (S/V)
21/20 (S/V)
21/21 (S/V)
Under 184
21/14 (S/V)
21/15 (S/V)
21/24 (S/V)
21/25 (S/V)
Engaging in sexual activity in the presence of a child under 13.
Sexual Offences Act 2003 Sec 11 (pt).5 Sexual Offences Act 2003 Sec 13 (pt).6
Offender aged 18 or over5
Offender aged Under 186
21/10 (S/V)
21/16 (S/V)
Causing a child under 13 to watch a sexual act.
Sexual Offences Act 2003 Sec 12 (pt). 7 Sexual Offences Act 2003 Sec 13 (pt).8
Offender aged 18 or over7
Offender aged Under 188
21/11 (S/V)
21/17 (S/V)
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
21
Sexual Activity involving a Child
under 13
Counting Rules (1 of 1)
GENERAL RULE:
ONE CRIME FOR EACH VICTIM.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
22
Unlawful Sexual Intercourse with
Girl under 16
Classification (1 of 1)
WITH EFFECT FROM MAY 2004 THIS OFFENCE CLASSIFICATION IS SPLIT INTO
CODES 22A AND 22B.
CLASS 22 STILL APPLIES FOR ALL OFFENCES RECORDED AND DETECTED
BEFORE MAY 2004 AND FOR OFFENCES RECORDED BEFORE MAY 2004 BUT
DETECTED AFTERWARDS.
FOR OFFENCES RECORDED AFTER MAY 2004 BUT COMMITTED BEFORE MAY 2004
TREAT UNDER THE PREVIOUS LEGISLATION WHEREVER POSSIBLE.
22
Unlawful sexual intercourse
(S/V)
with a girl under 16.
Sexual Offences Act 1956 Sec 6.
EXCEPTIONS - LEGAL: UNLAWFUL SEXUAL INTERCOURSE
SEXUAL OFFENCES ACT 1956 SEC 6
Section 6 lists circumstances where it is not unlawful to have sex with a girl under 16. Basically, they
comprise men who are legally married to girls under 16; those who are not but believe to be so; and men
under 24, not previously charged with such an offence, who believed the girl to be 16 or over and had
reasonable grounds for this belief.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
22
Unlawful Sexual Intercourse with
Girl under 16
Counting Rules (1 of 1)
GENERAL RULE:
ONE CRIME FOR EACH RELATIONSHIP.
EXAMPLE 1:
A man has sex with his girlfriend, knowing her to be under 16 but
over
13.
One crime (class 22).
Finished Incident: see also General Rules Section E.
Example 1:
A girl under 16 has had sex with a man on numerous occasions, and reports it to the police
for the first time.
One crime (class 22).
Principal Crime: see class 22 classification page 1 of 1 & General Rules Section F.
Example 1:
A girl under 16 has had sex with a man on numerous occasions, including when she was
under 13, and reports it to the police for the first time.
One crime (class 21).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
22A
Causing Sexual Activity without Consent
Classification (1 of 1)
NEW LEGISLATION INTRODUCED UNDER THE SEXUAL OFFENCES ACT 2003
WITH EFFECT FROM MAY 2004.
Causing a person to engage in sexual activity without consent:
22/2 Female
person
22/3 Male
person
22/4
Female person – no penetration
22/5
Male person – no penetration
(S/V)
Sexual Offences Act 2003 Sec 4.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
22A
Causing Sexual Activity without Consent
Counting Rules (1 of 1)
GENERAL RULE:
ONE CRIME FOR EACH VICTIM.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
22B
Sexual Activity involving a Child
under 16
Classification (1 of 1)
NEW LEGISLATION INTRODUCED UNDER THE SEXUAL OFFENCES ACT 2003
WITH EFFECT FROM MAY 2004.
Sexual activity with a child under 16.
Sexual Offences Act 2003 Sec 9 (pt).1 Sexual Offences Act 2003 Sec 13 (pt).2
Penetration
No penetration
Age of offender at
time of offence
Female
Male
Female
Male
18 or over1
22/6 (S/V)
22/7 (S/V)
22/18 (S/V)
22/19 (S/V)
Under 182
22/12 (S/V)
22/13 (S/V)
22/22 (S/V)
22/23 (S/V)
Causing or inciting a child under 16 to engage in sexual activity.
Sexual Offences Act 2003 Sec 10 (pt).3 Sexual Offences Act 2003 Sec 13 (pt).4
Penetration
No penetration
Age of offender at
time of offence
Female
Male
Female
Male
18 or over3
22/8 (S/V)
22/9 (S/V)
22/20 (S/V)
22/21 (S/V)
Under 184
22/14 (S/V)
22/15 (S/V)
22/24 (S/V)
22/25 (S/V)
Engaging in sexual activity in the presence of a child under 16.
Sexual Offences Act 2003 Sec 11 (pt).5 Sexual Offences Act 2003 Sec 13 (pt).6
Offender aged 18 or over5
Offender aged Under 186
22/10 (S/V)
22/16 (S/V)
Causing a child under 16 to watch a sexual act.
Sexual Offences Act 2003 Sec 12 (pt).7 Sexual Offences Act 2003 Sec 13 (pt).8
Offender aged 18 or over7
Offender aged Under 188
22/11 (S/V)
22/17 (S/V)
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
22B
Sexual Activity involving a Child
under 16
Counting Rules (1 of 1)
GENERAL RULE:
ONE CRIME FOR EACH VICTIM.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
23
Incest or Familial Sexual Offences
Classification (1 of 1)
PREVIOUSLY KNOWN AS INCEST. CLASS 23 STILL APPLIES FOR ALL OFFENCES
OF INCEST RECORDED AND DETECTED BEFORE MAY 2004 AND FOR OFFENCES
RECORDED BEFORE MAY 2004 BUT DETECTED AFTERWARDS.
FOR OFFENCES RECORDED AFTER MAY 2004 BUT COMMITTED BEFORE MAY 2004
TREAT UNDER THE PREVIOUS LEGISLATION WHEREVER POSSIBLE.
23/1
Incest with a girl under 13.
23/3
Inciting girl under 16 to have
(S/V)
Sexual Offences Act 1956 Secs 10 & 11.
(S/V)
incestuous sexual intercourse.
Criminal Law Act 1977 Sec 54.
23/2 Other
incest.
(S/V)
Sexual Offences Act 1956 Secs 10 & 11.
NEW LEGISLATION INTRODUCED UNDER THE SEXUAL OFFENCES ACT 2003
WITH EFFECT FROM MAY 2004.
Sexual activity with a child family member.
Sexual Offences Act 2003 Sec 25.
Victim aged 13-17
Victim Under 13
Age of offender at
time of offence
Female
Male
Female
Male
18 or over -
penetration
23/4 (S/V)
23/5 (S/V)
23/14 (S/V)
23/15 (S/V)
18 or over -
no penetration
23/22 (S/V)
23/23 (S/V)
23/24 (S/V)
23/25 (S/V)
Under 18 -
penetration
23/32 (S/V)
23/33 (S/V)
23/30 (S/V)
23/31 (S/V)
Under 18 -
no penetration
23/6 (S/V)
23/7 (S/V)
23/16 (S/V)
23/17 (S/V)
Inciting a child family member to engage in sexual activity.
Sexual Offences Act 2003 Sec 26.
Victim aged 13-17
Victim Under 13
Age of offender at
time of offence
Female
Male
Female
Male
18 or over -
penetration
23/8 (S/V)
23/9 (S/V)
23/18 (S/V)
23/19 (S/V)
18 or over - no
penetration
23/26 (S/V)
23/27 (S/V)
23/28 (S/V)
23/29 (S/V)
Under 18 -
23/36 (S/V)
23/37 (S/V)
23/34 (S/V)
23/35 (S/V)
penetration
Under 18 -
no penetration
23/10 (S/V)
23/11 (S/V)
23/20 (S/V)
23/21 (S/V)
Sex with an adult relative.
Sexual Offences Act 2003 Sec 64.1 Sexual Offences Act 2003 Sec 65. 2
Penetration
Consenting to Penetration
(Offender aged 16 or over relative aged 18
(Offender aged 16 or over relative aged 18
or over)1
or over)2
23/12 (S/V)
23/13 (S/V)
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
23
Incest or Familial Sexual Offences
Counting Rules (1 of 1)
GENERAL RULE:
ONE CRIME FOR EACH RELATIONSHIP BETWEEN
OFFENDERS.
APPLICATION OF THE RULE
If a woman or girl/man or boy has incestuous sexual intercourse with more than one of her/his
male/female relatives, count separate crimes unless the relatives are acting as a group.
Example 1:
Three brothers have sex with their sister.
(i)
The
brothers
act
separately.
Three crimes (class 23).
(ii)
The
brothers
act
together.
One crime (class 23).
Example 2:
Three sisters have sex with their brother.
(i)
The sisters act separately.
Three crimes (class 23).
(ii)
The sisters act together.
One crime (class 23).
A crime of inciting a girl under 16 to have incestuous sexual intercourse (class 23/3) should not be
counted separately if the substantive crime is committed.
Finished Incident: see also General Rules Section E.
Example 1:
A crime of incest between a father and daughter is reported to the police, and subsequent
investigations show that this has occurred on numerous occasions over several years.
One crime (class 23).
Principal Crime: see General Rules Section F & Annex F.
Example 1:
A father unintentionally wounds his daughter while committing incest.
One crime (class 23).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
24
Procuration
Classification (1 of 1)
WITH EFFECT FROM MAY 2004 ALL LEGISLATION IS REPEALED BY THE SEXUAL
OFFENCES ACT 2003.
FROM MAY 2004, THIS OFFENCE CLASSIFICATION WILL BE TITLED 'EXPLOITATION
OF PROSTITUTION - SEE PAGES FOLLOWING.
FOR OFFENCES RECORDED AFTER MAY 2004 BUT COMMITTED BEFORE MAY 2004
TREAT UNDER THE PREVIOUS LEGISLATION WHEREVER POSSIBLE.
24/1
Procuring woman by threats or
24/7
Causing or encouraging prostitution
(V)
intimidation.
(S/V)
of female defective.
Sexual Offences Act 1956 Sec 2.
Sexual Offences Act 1956 Sec 29.
24/1
Procuring woman by false pretences.
24/10
Procuring others to commit unlawful
(V)
Sexual Offences Act 1956 Sec 3.
(S/V) homosexual
acts.
Sexual Offences Act 1967 Sec 4(1).
24/1
Using drugs to obtain/facilitate
(S/V)
intercourse.
24/11
Man or woman living wholly or in part
Sexual Offences Act 1956 Sec 4.
(S/V)
off earnings of male prostitution
Sexual Offences Act 1967 Sec 5(1).
24/1
Procuring woman to become prostitute.
(S/V)
Sexual Offences Act 1956 Sec 22.
24/12,13 Male procuring or attempting to procure
(S/V)
or being party to the commission by a male
24/1
Procuring girl under 21.
of gross indecency with another male.
(S/V)
Sexual Offences Act 1956 Sec 23.
Sexual Offences Act 1956 Sec 13(pt).
24/2
Householder permitting unlawful sexual
24/14
Male of or over the age of 21 procuring or
(S/V)
intercourse with a girl under 16.
(S/V)
attempting to procure or being party to the
Sexual Offences Act 1956 Secs 25 & 26.
commission by a male under 16 of an act of
Gross
Indecency.
24/3
Detention of female in brothel or
Sexual Offences Act 1956 Sch 2 Para 16
(S/V) other
premises.
(as amended by the Sexual Offences
Sexual Offences Act 1956 Sec 24.
(Amendment) Act 2000 Sec 1).
24/5
Person responsible for a girl under 16
24/15
Male aged 18-20 procuring or attempting to
(S/V)
causing or encouraging her prostitution
(S/V)
procure or being party to the commission by
etc.
a male under 16 of an act of Gross Indecency.
Sexual Offences Act 1956 Sec 28.
Sexual Offences Act 1956 Sch 2 Para 16
(as amended by the Sexual Offences
24/6
Living off earnings of prostitution.
(Amendment) Act 2000 Sec 1).
(S/V)
Sexual Offences Act 1956 Sec 30.
24/16
Male aged 16-17 procuring or attempting to
24/6
Exercising control over prostitute.
(S/V)
procure or being party to the commission by
(S/V)
Sexual Offences Act 1956 Sec 31.
a male under 16 of an act of Gross Indecency.
Sexual Offences Act 1956 Sch 2 Para 16
24/7
Procurement of female defective.
(as amended by the Sexual Offences
(S/V)
Sexual Offences Act 1956 Sec 9.
(Amendment) Act 2000 Sec 1).
24/7
Permitting female defective to use
(S/V)
premises for intercourse.
Sexual Offences Act 1956 Sec 27.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
24
Procuration
Counting Rules (1 of 1)
GENERAL RULE:
ONE CRIME FOR EACH VICTIM OR RELATIONSHIP.
EXAMPLE 1:
A man procures three women to have sexual intercourse with other
men.
Three crimes (class 24).
EXAMPLE 2:
Five women are detained against their will in a brothel with the
intention
that
they have sex with customers.
Five crimes (class 24).
APPLICATION OF THE RULE
Living off earnings of prostitution: one crime for each offender.
Finished Incident: See also General Rules Section E. If an act is procured between the same two
persons on more than one occasion one crime should be counted for each group of incidents
separately reported to the police.
Example 1:
Two men have been procured to commit indecent acts in a nightly show over a period of
months. They report this to the police for the first time.
One crime (class 24).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
24
Exploitation of Prostitution
Classification (1 of 1)
NEW LEGISLATION INTRODUCED UNDER THE SEXUAL OFFENCES ACT 2003
WITH EFFECT FROM MAY 2004.
24/17
Causing or inciting prostitution for gain.
24/19
Keeping a brothel used for prostitution.
(S/V)
Sexual Offences Act 2003 Sec 52.
(S)
Sexual Offences Act 1956 Sec 33A (as added
by Sexual Offences Act 2003 Sec 55).
24/18
Controlling prostitution for gain.
(S/V)
Sexual Offences Act 2003 Sec 53.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
24
Exploitation of Prostitution
Counting Rules (1 of 1)
GENERAL RULE:
ONE OFFENCE FOR EACH PROSTITUTE EXPLOITED.
EXAMPLE 1:
A man incites three women to become prostitutes (in the
expectation of gain to himself).
Three crimes.
APPLICATION OF THE RULE
Keeping a brothel used for prostitution: one crime for each offender or group of offenders.
Finished Incident: See also General Rules Section E. If a person controls the activities of a prostitute
on more than one occasion, on crime should be counted each group of incidents separately reported
to the police.
Example 1:
A man is found to be controlling the activities of a prostitute over several months, and this is
reported to the police for the first time.
One crime (class 24).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
25
Abduction of Female
Classification (1 of 1)
WITH EFFECT FROM MAY 2004 ALL LEGISLATION UNDER THIS CLASSIFICATION
IS REPEALED BY THE SEXUAL OFFENCES ACT 2003.
CLASS 25 STILL APPLIES FOR ALL OFFENCES RECORDED AND DETECTED
BEFORE MAY 2004 AND FOR OFFENCES RECORDED BEFORE MAY 2004 BUT
DETECTED AFTERWARDS.
FOR OFFENCES RECORDED AFTER MAY 2004 BUT COMMITTED BEFORE MAY 2004
TREAT UNDER THE PREVIOUS LEGISLATION WHEREVER POSSIBLE.
25/1
Abduction of woman by force or for
25/4
Abduction of unmarried girl under 18.
(V)
the sake of her property.
(V)
Sexual Offences Act 1956 Sec 19.
Sexual Offences Act 1956 Sec 17.
25/5
Abduction of female defective.
25/2
Abduction of female for sex or marriage.
(V)
Sexual Offences Act 1956 Sec 21.
(V)
Sexual Offences Act 1956 Sec 17.
25/3
Abduction of unmarried girl under 16.
(V)
Sexual Offences Act 1956 Sec 20.
CLASSIFICATION: ABDUCTION OR KIDNAPPING
Child Abduction
(class 13)
Abduction of Female
(class 25)
Kidnapping
(class 36)
DEFINITION - LEGAL: ABDUCTION - KEY POINTS
SEXUAL OFFENCES ACT 1956 SECS 17-21
An abduction of a woman means to “take away or detain a woman against her will ...”
An abduction of an unmarried girl means to “… take an unmarried girl ... from the possession of her parent or
guardian against his [/her] will …”
Similarly, an abduction of a defective means to “... take a woman who is a defective out of the possession of
her parent or guardian against his [/her] will ...”
In all cases, unless otherwise specified the intention of the abduction of the woman/girl is that ...”she shall
have unlawful sexual intercourse with men or a particular man ...”
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
25
Abduction of Female
Counting Rules (1 of 1)
GENERAL RULE:
ONE CRIME FOR EACH PERSON ABDUCTED.
Principal Crime: see General Rules Section F & Annex F.
Example 1:
A woman receives actual bodily harm during the course of abduction.
One crime (class 25).
Example 2:
A man abducts a woman for sex, and has sex with her against her will.
One crime (class 19A).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
26
Bigamy
Bigamy moved to Other Offences on 1 April 2008.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
27
Soliciting for the Purpose of Prostitution
Classification (1 of 1)
PREVIOUSLY KNOWN AS SOLICITING OR IMPORTUNING BY A MAN.
CLASS 27 STILL APPLIES FOR ALL OFFENCES OF SOLICITING OR
IMPORTUNING BY A MAN RECORDED AND DETECTED BEFORE MAY 2004
AND FOR OFFENCES RECORDED BEFORE MAY 2004 BUT DETECTED
AFTERWARDS.
FOR OFFENCES RECORDED AFTER MAY 2004 BUT COMMITTED BEFORE MAY 2004
TREAT UNDER THE PREVIOUS LEGISLATION WHEREVER POSSIBLE.
27
Soliciting or importuning by a man.
165/2
Persistently soliciting a person or persons
(V)
This offence is repealed wef May 2004
(V) for
prostitution.
Sexual Offences Act 1956 Sec 32.
Sexual Offences Act 1985 Sec 2(1).
165/1
Persistently soliciting a person or
(V)
persons for prostitution from, or having
just left, a motor vehicle.
Sexual Offences Act 1985 Sec 1(1)(a)(b).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
27
Soliciting for the Purpose of Prostitution
Counting Rules (1 of 1)
GENERAL RULE:
ONE CRIME FOR EACH OFFENDER.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
70
Sexual Activity etc with a Person
with a Mental Disorder
Classification (1 of 1)
NEW LEGISLATION INTRODUCED UNDER THE SEXUAL OFFENCES ACT 2003
WITH EFFECT FROM MAY 2004.
Sexual activity with a person with a mental
70/15
Engaging in sexual activity in the presence,
disorder impeding choice:
(V)
procured by inducement,
70/1 Male
person
threat or deception or a person with mental disorder.
70/2 Female
person
Sexual Offences Act 2003 Sec 36.
70/3
Male person – no penetration
70/4
Female person – no penetration
70/16
Causing a person with a mental disorder to watch a
(V)
Sexual Offences Act 2003 Sec 30.
(V)
sexual act by inducement, threat or deception.
Sexual Offences Act 2003 Sec 37.
Causing or inciting a person with a mental
disorder impeding choice to engage in
Care workers: Sexual activity with a person with a
sexual
activity:
mental disorder:
70/5 Male
person
70/17 Male
person
70/6 Female
person
70/18 Female
person
70/7
Male person – no penetration
70/19
Male person - no penetration
70/8
Female person – no penetration
70/20
Female person - no penetration
(V)
Sexual Offences Act 2003 Sec 31.
(V)
Sexual Offences Act 2003 Sec 38.
70/9
Engaging in sexual activity in the
Care workers: Causing or inciting sexual
(V)
presence of a person with a mental
activity (person with a mental disorder):
disorder impeding choice.
70/21 Penetration
Sexual Offences Act 2003 Sec 32.
70/22 No
penetration
(V)
Sexual Offences Act 2003 Sec 39.
70/10
Causing a person with a mental disorder
(V)
impeding choice to watch a sexual act.
70/23
Care workers: Sexual activity in the
Sexual Offences Act 2003 Sec 33.
(V)
presence of a person with a mental disorder.
Sexual Offences Act 2003 Sec 40.
Inducement, threat or deception to
procure sexual activity with a person
70/24
Care workers: Causing a person with a
with a mental disorder:
(V)
mental disorder or learning disability to watch
70/11
Penetration
a sexual act.
70/12
No
penetration
Sexual Offences Act 2003 Sec 41.
(V)
Sexual Offences Act 2003 Sec 34.
Causing a person with a mental disorder
to engage in sexual activity by
inducement, threat or deception:
70/13
Penetration
70/14
No
penetration
(V)
Sexual Offences Act 2003 Sec 35.
DEFINITION - LEGAL: MENTAL DISORDER IMPEDING CHOICE
SEXUAL OFFENCES ACT 2003 SEC 30-33
“ ‘A’ commits an offence [against ‘B’] if … ‘A’ knows or can be reasonably expected to know that ‘B’ has a
mental disorder and that because of it or for a reason related to it ‘B’ is likely to be unable to refuse.”
‘B’ is unable to refuse if –
(a)
he lacks to capacity to choose whether to agree to engaging in the activity caused or incited …, or
(b)
he is unable to communicate such a choice to ‘A’.”
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
70
Sexual Activity etc with a Person
with a Mental Disorder
Counting Rules (1 of 1)
GENERAL RULE:
ONE CRIME FOR EACH VICTIM.
EXAMPLE
1:
A man has sexual activity with three women with mental disorders
impeding
choice.
Three crimes (class 70).
APPLICATION OF THE RULE
A crime of inciting a person with a mental disorder (impeding choice) to engage in sexual activity
should not be counted separately if the substantive sexual activity is committed.
Finished Incident: see General Rules Section E.
Example 1:
A care worker has had sexual activity several times with a person under his care, who has a
mental disorder impeding choice. All occurrences are reported to the police at the same
time.
One crime (class 70).
Principal Crime: see General Rules Section F & Annex F.
Example 1:
A person has sexual activity with a woman with a mental disorder (impeding choice) and
steals from her person.
One crime (class 70).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
71
Abuse of Children through Prostitution and
Pornography
Classification (1 of 1)
NEW LEGISLATION INTRODUCED UNDER THE SEXUAL OFFENCES ACT 2003
WITH EFFECT FROM MAY 2004.
71/1
Arranging or facilitating the commission of
Controlling a child prostitute or a child involved in
(V)
a child sex offence.
pornography:
Sexual Offences Act 2003 Sec 14.
71/9 Child
13-17
71/12
Child under 13
Paying for sexual service of a child:
(V)
Sexual Offences Act 2003 Sec 49.
71/2
Female child under 13
71/3
Male child under 13
Arranging or facilitating child prostitution or
71/4
Female child under 16 – no penetration
pornography:
71/5
Male child under 16 – no penetration
71/10 Child
13-17
71/14
Female child under 16
71/13
Child under 13
71/15
Male child under 16
(V)
Sexual Offences Act 2003 Sec 50.
71/6
Female child under 18
71/7
Male child under 18
(V)
Sexual Offences Act 2003 Sec 47.
Causing or inciting child prostitution or
pornography:
71/8 Child
13-17
71/11
Child under 13
(V)
Sexual Offences Act 2003 Sec 48.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
71
Abuse of Children through Prostitution and
Pornography
Counting Rules (1 of 1)
GENERAL RULE:
ONE CRIME FOR EACH CHILD.
EXAMPLE 1:
A person pays for sexual services of two children.
Two crimes (class 71).
Finished Incident: see also General Rules Section E. If a person controls the activities of a child
prostitute or child involved in pornography on more than one occasion, one crime should be counted
for each group of incidents separately reported to the police.
Example 1:
A man is found to be controlling the activities of a child prostitute over
several months and this is reported to the police for the first time.
One crime (class 71).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
72
Trafficking for Sexual Exploitation
Classification (1 of 1)
NEW LEGISLATION INTRODUCED UNDER THE SEXUAL OFFENCES ACT 2003
WITH EFFECT FROM MAY 2004.
72/1
Trafficking into the UK for sexual
72/3
Trafficking out of the UK for sexual exploitation.
(V) exploitation.
(V)
Sexual Offences Act 2003 Sec 59.
Sexual Offences Act 2003 Sec 57.
72/2
Trafficking within the UK for sexual
(V)
exploitation.
Sexual Offences Act 2003 Sec 58.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
72
Trafficking for Sexual Exploitation
Counting Rules (1 of 1)
GENERAL
RULE:
ONE
CRIME
FOR
EACH PERSON SUBJECTED TO
TRAFFICKING.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
73
Abuse of Position of Trust
Classification (1 of 1)
WITH EFFECT FROM MAY 2004 ALL LEGISLATION UNDER THIS CLASSIFICATION IS
REPEALED BY THE SEXUAL OFFENCES ACT 2003.
FROM APRIL 2008, THIS OFFENCE CLASSIFICATION WILL BE TITLED 'ABUSE OF
TRUST OF A SEXUAL NATURE' - SEE PAGES FOLLOWING.
FOR OFFENCES RECORDED AFTER MAY 2004 BUT COMMITTED BEFORE MAY 2004
TREAT UNDER THE PREVIOUS LEGISLATION WHEREVER POSSIBLE.
8/39
Breach of restraining order.
73/4
Failure to notify police of home
(S/V)
Sex Offenders Act 1997 Sec 57A
(S) address.
(as added by Criminal Justice & Court
Sex Offenders Act 1997 Sec 3(1A).
Services Act 2000 Sch 5 p6).
73/5
Notifies police with false name or
73/1
Abuse of position of trust – sexual
(S) names.
(V) intercourse.
Sex Offenders Act 1997 Sec 3(1A).
Sexual Offences (Amendment)
Act 2000 Sec 3a,4.
73/6
Notifies police with false information
(S)
as to home address.
73/2
Abuse of position of trust – sexual
Sex Offenders Act 1997 Sec 3(1A).
(V)
activity other than sexual intercourse.
Sexual Offences (Amendment)
Act 2000 Sec 3b,4.
73/3
Failure to notify police of name or
(S) names.
Sex Offenders Act 1997 Sec 3(1A).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
73
Abuse of Position of Trust
Counting Rules (1 of 1)
GENERAL RULE:
ONE CRIME FOR EACH OFFENDER.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
73
Abuse of Position of Trust of a Sexual Nature
Classification (1 of 2)
NEW LEGISLATION INTRODUCED UNDER THE SEXUAL OFFENCES ACT 2003
WITH EFFECT FROM MAY 2004.
Abuse of position of trust: sexual activity with a child.
Sexual Offences Act 2003 Sec 16.
Child aged 13-17
Child Under 13
Age of offender at
time of offence
Female
Male
Female
Male
18 or over
73/7 (V)
73/8 (V)
73/13 (V)
73/14 (V)
Under 18
n/a
n/a
n/a
n/a
Abuse of position of trust: causing or inciting a child to engage in sexual activity.
Sexual Offences Act 2003 Sec 17.
Child aged 13-17
Child Under 13
Age of offender at
time of offence
Female
Male
Female
Male
18 or over
73/9 (V)
73/10 (V)
73/15 (V)
73/16 (V)
Under 18
n/a
n/a
n/a
n/a
Abuse of position of trust: sexual activity in presence of a child.
Sexual Offences Act 2003 Sec 18.
Child aged 13-17
Child Under 13
Age of offender at
time of offence
Female
Male
Female
Male
18 or over
73/11 (V)
73/11 (V)
73/17 (V)
73/17 (V)
Under 18
n/a
n/a
n/a
n/a
Abuse of position of trust: causing a child to watch a sexual activity.
Sexual Offences Act 2003 Sec 19.
Child aged 13-17
Child Under 13
Age of offender at
time of offence
Female
Male
Female
Male
18 or over
73/12 (V)
73/12 (V)
73/18 (V)
73/18 (V)
Under 18
n/a
n/a
n/a
n/a
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
73
Abuse of Position of Trust of a Sexual Nature
Classification (2 of 2)
DEFINITION - LEGAL: POSITION OF TRUST
SEXUAL OFFENCES ACT 2003 SEC 21 (APPLIES TO SECS 16-19)
“A person aged 18 or over ‘A’ is in a position of trust in relation to a person under that age ‘B’ if any of the
conditions below, or any specified by statutory instrument, is fulfilled.
• ‘A’ looks after persons under 18 detained in an institution by virtue of a court order or under an
enactment; and ‘B’ is so detained in that institution.
• ‘A’ looks after persons under 18 who are resident in a home or other place in which: a) accommodation
and maintenance are provided by an authority under Section 23(2) of the Children Act 1989 …, or b)
accommodation is provided by a voluntary organisation under Section 59(1) of that Act …
• ‘A’ looks after persons under 18 who are accommodated and cared for in an institution which is: a) a
hospital; b) an independent clinic; c) a care home, residential care home or private hospital; d) a
community home, voluntary home or children’s home; e) a home provided under Section 82(5) of the
Children Act 1989, or f) a residential family centre, and ‘B’ is accommodated and cared for in that
institution.
• ‘A’ looks after persons under 18 who are receiving full-time education at an educational institution, and
‘B’ is receiving, and ‘A’ is not receiving, education at that institution.
• Any condition specified in an order made by the Secretary of State is met.”
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
73
Abuse of Position of Trust of a Sexual Nature
Counting Rules (1 of 1)
GENERAL RULE:
ONE CRIME FOR EACH CHILD.
EXAMPLE 1:
A teacher has sexual activity with two pupils under 18 in his class.
Two crimes (class 73).
APPLICATION OF THE RULE
A crime of abusing a position of trust by inciting a child to engage in sexual activity should not be
counted separately if the substantive sexual activity is committed.
Finished Incident: see General Rules Section E.
Example 1:
A warder in a young persons’ institution has had sexual activity several times with a person
under 18 detained in that institution. All occurrences are reported to the police at the same
time.
One crime (class 73).
Principal Crime: see General Rules Section F & Annex F.
Example 1:
A nurse has sexual activity with a patient under 18 and steals money from the patient’s
locker.
One crime (class 73).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
74
Gross Indecency with a Child
Classification (1 of 1)
WITH EFFECT FROM MAY 2004 ALL LEGISLATION UNDER THIS CLASSIFICATION
IS REPEALED BY THE SEXUAL OFFENCES ACT 2003.
CLASS 74 STILL APPLIES FOR ALL OFFENCES RECORDED AND DETECTED
BEFORE MAY 2004 AND FOR OFFENCES RECORDED BEFORE MAY 2004 BUT
DETECTED AFTERWARDS.
FOR OFFENCES RECORDED AFTER MAY 2004 BUT COMMITTED BEFORE MAY 2004
TREAT UNDER THE PREVIOUS LEGISLATION WHEREVER POSSIBLE.
74/1
Gross indecency with a boy.
74/2
Gross indecency with a girl.
(V)
Indecency with Children Act 1960 Sec 1
(V)
Indecency with Children Act 1960 Sec 1
(amended by the Criminal Justice and
(amended by the Criminal Justice and
Courts Services Act 2000 Sec 39).
Courts Services Act 2000 Sec 39).
DEFINITION - LEGAL: GROSS INDECENCY WITH A CHILD
INDECENCY WITH CHILDREN ACT 1960 SEC 1 (AMENDED BY THE CRIMINAL JUSTICE AND COURTS
SERVICES ACT 2000 SEC 39)
“Any person who commits an act of gross indecency with or towards a child under the age of 16, or who
incites a child under that age to such an act with him or another ...”
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
74
Gross Indecency with a Child
Counting Rules (1 of 1)
GENERAL RULE:
ONE CRIME FOR EACH CHILD.
EXAMPLE 1:
A man acts indecently towards four children.
Four crimes (class 74).
Finished Incident: see also General Rules Section E.
Example 1:
A man is reported for the first time acting indecently towards a child on several occasions.
One crime (class 74).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
88A
Sexual Grooming
Classification (1 of 1)
NEW LEGISLATION INTRODUCED UNDER THE SEXUAL OFFENCES ACT 2003
WITH EFFECT FROM MAY 2004.
88/1
Meeting a female child following sexual
88/2
Meeting a male child following sexual
(V)
grooming etc (Offender is aged 18 or over
(V)
grooming etc. (Offender is 18 or over
and victim is under 16).
and victim is under 16).
Sexual Offences Act 2003 Sec 15.
Sexual Offences Act 2003 Sec 15.
DEFINITION - LEGAL: MEETING A CHILD FOLLOWING SEXUAL GROOMING ETC
SEXUAL OFFENCES ACT 2003 SEC 15
“A person aged 18 or over ‘A’ commits an offence if:
(a)
having met or communicated with another person ‘B’ on at least two earlier occasions, he -
(i) intentionally meets ‘B’, or
(ii) travels with the intention of meeting ‘B’ in any part of the world,
(b)
at the time, he intends to do anything to or in respect of ‘B’, during or after the meeting and in any
part of the world, which if done will involve the commission by ‘A’ of a relevant offence,
(c)
‘B’ is under 16, and
(d)
‘A’ does not reasonably believe that ‘B’ is 16 or over.”
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
88A
Sexual Grooming
Counting Rules (1 of 1)
GENERAL RULE:
ONE CRIME FOR EACH CHILD.
EXAMPLES REQUIRED PLEASE
Principal crime: see General Rules Section F & Annex F. If a person has sexual activity with a child
following grooming, record the sexual activity only if both offences are reported at the same time.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
88B
Other Miscellaneous Sexual Offences
No longer used from 1st April 2008. This is irrespective of whether an offence occurs before
or after 1st April 2008.
Use codes 88C, 88D or 88E.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
88C
Other Miscellaneous Sexual Offences
Classification (1 of 1)
NEW LEGISLATION INTRODUCED UNDER THE SEXUAL OFFENCES ACT 2003 WITH
EFFECT FROM MAY 2004.
88/5
Administering a substance with intent.
88/7
Trespass with intent to commit a sexual
(V)
Sexual Offences Act 2003 Sec 61.
(V) offence.
Sexual Offences Act 2003 Sec 63.
88/6
Committing an offence with intent to
(V)
commit a sexual offence.
Sexual Offences Act 2003 Sec 62.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
88C
Other Miscellaneous Sexual Offences
Counting Rules (1 of 1)
GENERAL RULE:
ONE CRIME FOR EACH SPECIFIC INTENDED VICTIM.
EXAMPLE 1:
A person’s drink has been spiked with intent to engage in sexual
activity to which the person does not consent.
One crime (class 88C).
EXAMPLE 2:
Police become aware during the course of a rape investigation that
the suspect has also spiked the drinks of three other victims with
intent to rape them.
Three crimes (class 88C) on victim confirmation, in addition to the
recorded
rape.
EXAMPLE 3:
A person enters a tent on a campsite as a trespasser with intent to
sexually assault the female camper when she returns.
One crime (class 88C)
APPLICATION OF THE RULE
Administering poison with intent to injure or annoy: If the intentions of the offender (eg in drink spiking) are sexual, record one crime of 88/5 (administering a
substance with intent) under class 88C. If the intentions are unknown, record under class 8K (poisoning).
Example 1:
A female’s drink was spiked but the intentions of the offender, other than to annoy, are
unknown.
One crime (class 8K).
Committing an offence with intent to commit a sexual offence:
This offence should only be recorded where the substantive sexual offence has not been committed. Where
it has been committed, the relevant sexual offence should be recorded.
Example 1:
A man steals a quantity of condoms and lubricating jelly from a chemist shop with intent on
raping a woman who is sunbathing in the garden of a neighbouring premises.
One crime (class 88C) and one crime of shoplifting (class 46)
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
88D
Unnatural Sexual Offences
Classification (1 of 1)
NEW LEGISLATION INTRODUCED UNDER THE SEXUAL OFFENCES ACT 2003 WITH
EFFECT FROM MAY 2004.
88/3
Intercourse with an animal by a male.
88/11
Sexual penetration of a corpse.
(S)
Sexual Offences Act 2003 Sec 69 (1)(3).
(S)
Sexual Offences Act 2003 Sec 70.
88/4
Intercourse with an animal by a female.
(S)
Sexual Offences Act 2003 Sec 69(2)(3).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
88D
Unnatural Sexual Offences
Counting Rules (1 of 1)
GENERAL RULE: ONE CRIME FOR EACH OFFENDER
EXAMPLE 1: Two men are seen by a farm worker apparently engaged in sexual
intercourse with a number of different farm animals. Sexual contact
with the animals is confirmed by forensic evidence.
Two crimes (class 88D).
APPLICATION OF THE RULE
Where these state-based offences are committed with another victim-based notifiable offence, count the
other offence in addition to an offence under class 88D.
Example 1:
Two offenders enter a funeral director’s premises as trespassers with intent to steal money.
Forensic evidence shows that whilst in the premises both offenders have sexually
penetrated a corpse.
One crime (class 30) and two crimes (class 88D).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
88E
Exposure and Voyeurism
Classification (1 of 1)
NEW LEGISLATION INTRODUCED UNDER THE SEXUAL OFFENCES ACT 2003 WITH
EFFECT FROM MAY 2004.
88/9
Exposure.
(S/V)
(Replaces classification 139
Indecent exposure wef May 2004)
Sexual Offences Act 2003 Sec 66.
88/10
Voyeurism.
(S/V)
Sexual Offences Act 2003 Sec 67.
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
88E
Exposure and Voyeurism
Counting Rules (1 of 1)
GENERAL RULE:
ONE CRIME FOR EACH OFFENDER.
EXAMPLE 1:
A man exposes his person to three women. All are reported at the
same time.
One crime (class 88E).
EXAMPLE 2:
A group of five people expose themselves at the same time.
Five crimes (class 88E).
EXAMPLE 3:
A man is caught by police peering through a crack in a curtain, for
his own gratification, observing a couple having sex in a motel
room.
One crime (class 88E).
Finished Incident: see also General Rules Section E.
Example 1:
A man exposes himself, and the police are notified. He is cautioned by the police, but he is
then reported for doing it again.
Two crimes (class 88E).
Principal Crime: see General Rules Section F & Annex F. Any threat or attempt to combine the
exposure with a sexual assault should be recorded as a sexual assault.
Example 1:
A man exposes himself to a woman, and tries to sexually assault her.
One crime (class 20A).
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
Sexual Offences: Classification (1 of 1)
Flow Chart: ‘A’ engages in sexual activity with ‘B’
NOTE: THIS CHART IS FOR GUIDANCE ON INITIAL CLASSIFICATION ONLY AND DOES NOT
COVER
ALL
EVENTUALITIES
Not a crime
B under 16?
Sexual
No
Yes
activity
with a child
(class 21 or
22B)
No
No
Assault by
A in
B under
Abuse of
Rape
penetration
position
18?
postion of
(class 19E or 19H)
(class 17B or 20B)
Yes
of trust?
Yes
trust of a
sexual
nature
Yes
No
No
(class 73)
Penetration by A’s penis?
A and B from
same family?
Incest or
Yes
familial
No
Yes
offence
No
(class 23)
B consented or B
B under 13?
Sexual
B mentally disordered?
unable to refuse
activity
No
Yes
as a result of a
Yes
with
mental disorder?
mentally
disordered
Yes
person
(class 70)
Intentional sexual
penetration by A?
START
No
Sexual
activity
Intentional sexual
B mentally
with
touching by A?
disordered?
mentally
Yes
disordered
Yes
person
(class 70)
No
No
Abuse of
position
Other sexual
B under 18?
A in a postion of trust?
of trust of a
activity eg causing
sexual
or inciting,
Yes
Yes
nature
grooming
No
(class 73)
A and B from the same
Incest or
family?
familial
Yes
offence
(class 23)
No
Sexual activity
B under 16?
with a child
Not a crime
No
Yes
(class 21 or
22B)
All Counting Rules enquiries should be directed to the Force Crime Registrar
Home Office Counting Rules For Recorded Crime
April 2008
M axim u m S en ten ce - S exu al O ffen ces
Life
14 y ears
10 y ears
7 y ears
5 y ears
2 y ears
16/2,12
17/16
16/11
23/2
18/3,10,11
16/5-16/6
16/21-16/28
20/6
17/11,15
24/6,11
21/12-17
18/2
17/13-14
21/3,5-9
20/1,2,5
24/17-19
21/22-25
18/4-18/9
19/7-14
21/18-21
21/10-11
70/23-24
22/12-17
19/3-4
19/16-19
22/6-9
22/4,5,10,11
71/6,7
22/22-25
22/1
20/3-4
22/18-21
70/9-10
88/1,2
23/6-7
23/3,12,13
21/1,2,4
23/4,5
70/15-16
23/10-11
24/1,3,7,10
23/16,17,20,
22/2-3
23/8-9
70/19,20,22
21,30-37
24/13,15,16
23/1
23/14,15,18,19
74/1-2
24/12,14
25/3-5
24/2
23/22-29
88/5-7
73/3-18
27
70/1,2,5,6
25/1-2
88/3-4
70/11,13
70/3,4,7,8
88/9-11
71/2-3
70/12,14
70/17-18,21
71/1,4,5
71/8-15
72/1-3
All Counting Rules enquiries should be directed to the Force Crime Registrar
