| Case study: Sexual offending - Danny, Ambrose and Elana
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In this case study, 14-year-old students get drunk and take photos of each other kissing. It raises interesting questions concerning sexual offences and privacy rights.
Additional information
It is an offence to engage in sexual activity with a child under 16, whether or not they consent to the acts in question. Kissing while naked is sexual activity in legal terms. So, Danny is guilty of this offence. The only defence to this crime is that Danny reasonably believed that Elana was over 16 (and consenting), but that belief has no relevance here. Their drinking has no bearing on whether or not the offence is committed.
Elana is also guilty of the same offence as Danny, but since she gave her consent it is unlikely that it would be considered in the public interest to prosecute either one or both of them. However Danny might be cautioned if he admits guilt. He could then be placed on the Sexual Offenders' Register for a period of time.
If Ambrose (who took the pictures of Danny and Elana) encouraged Danny and Elana to carry on, and he intended this to happen, Ambrose will also be guilty of the offence of sexual activity with a child under 16. This is so, even though he did not himself engage in any sexual act. He is what the law calls an accessory or secondary party to an offence, and such a person is guilty of the same offence as the perpetrator (Danny). It is, though, not very likely that Ambrose would be prosecuted, given the minor role he played in events as compared with Danny.
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