KembaraXtra - Legal Terms - Sexual Penetration of a Corpse

Sexual penetration of a corpse is a specific criminal offence under section 70 of the Sexual Offences Act 2003.

A person commits the offence if he or she:

1. intentionally penetrates any part of the body of a deceased person;
2. uses any part of his or her own body or any object; and
3. the penetration is sexual in nature.

Because the victim is deceased:

• questions of consent do not arise; and
• the offence exists to protect the dignity of the deceased and uphold public morality.

This offence criminalizes acts commonly described as necrophilia involving penetration.

KembaraXtra - Legal Terms - Sexual Offence

A sexual offence is any criminal offence involving sexual intercourse or another prohibited sexual act.

The principal sexual offences under the Sexual Offences Act 2003 include:

• Rape
• Assault by penetration
• Sexual assault
• Various offences involving sexual activity with children

Individuals convicted or cautioned for specified sexual offences are subject to the sex offender notification requirements (commonly known as the sex offenders register).

Those subject to notification requirements must:

• register with the police;
• notify the police of changes to personal details, including any change of address; and
• comply with continuing reporting obligations for the prescribed notification period.

Failure to notify a change of address within 14 days is a criminal offence punishable by:

• summary conviction: up to 6 months’ imprisonment and/or a fine; or
• conviction on indictment: up to 5 years’ imprisonment.

These notification requirements are intended to assist police in monitoring offenders and protecting the public.

KembaraXtra - Legal Terms - Sexually Transmitted Disease (STD)

A sexually transmitted disease (STD) is an infectious disease that is primarily spread through sexual contact. Common examples include:

• HIV infection
• Syphilis
• Gonorrhoea

In family law, an STD may have legal consequences. Under section 12(1)(e) of the Matrimonial Causes Act 1973, a marriage is voidable if, at the time of the marriage:

1. one spouse was suffering from a sexually transmitted disease; and
2. the other spouse was unaware of the condition.

The innocent spouse may petition the court for an annulment, treating the marriage as voidable rather than automatically void.

KembaraXtra - Legal Terms - Sexual Intercourse

In criminal law, sexual intercourse traditionally refers to the penetration of the vagina by the penis.

The modern legal definition was confirmed in Kaitamaki v R [1984] 2 All ER 435 (PC), where the Privy Council held that penetration constitutes sexual intercourse even if intercourse continues after consent has been withdrawn.

For offences involving sexual intercourse:

• only slight penetration is required;
• rupture of the hymen is unnecessary; and
• ejaculation is not required.

These principles were established in R v Hughes (1841) 9 C & P 752.

Historically, many sexual offences were defined by reference to sexual intercourse. The Sexual Offences Act 2003 now uses broader concepts such as penetration and sexual touching, but the traditional definition remains relevant in certain legal contexts.

KembaraXtra - Legal Terms - Sexual Harm Prevention Order (SHPO)

A Sexual Harm Prevention Order (SHPO) is a civil preventive order designed to protect the public from individuals who present a risk of committing serious sexual offences. It replaced the Sexual Offences Prevention Order (SOPO) in 2015.

An SHPO may be imposed where a court considers it necessary to protect:

• the public generally; or
• particular members of the public,

from the risk of serious sexual harm posed by an offender.

The order may be made:

• by the Crown Court when sentencing an offender for a sexual offence; or
• by a Magistrates’ Court on application in relation to a person previously convicted of a sexual offence whose subsequent behaviour indicates a continuing risk of reoffending.

One of the distinguishing features of an SHPO is its flexibility. The court may impose any prohibitions or positive requirements considered necessary to reduce the identified risk. Examples include restrictions on:

• contacting children;
• using the internet;
• travelling abroad;
• visiting specified places; or
• engaging in particular activities.

The order:

• must last for at least five years, although it may be indefinite; and
• remains a civil order, even though breach constitutes a criminal offence.

A person who breaches an SHPO commits a criminal offence punishable by up to five years’ imprisonment.

The purpose of the SHPO is preventive rather than punitive: it seeks to manage future risk rather than punish past offending.

KembaraXtra - Legal Terms - Sex Discrimination

Sex discrimination is discrimination because a person is male or female, prohibited principally by the Equality Act 2010. The Act protects both men and women against unlawful discrimination in employment, education, the provision of goods and services, housing, public functions, and other areas of public life.

The Act prohibits several forms of discrimination.

1. Direct Sex Discrimination

This occurs where a person is treated less favourably because of their sex.

Example:

• refusing to employ a woman solely because she is female;
• paying a man more than a woman doing comparable work because of sex.

2. Indirect Sex Discrimination

This arises where:

• an apparently neutral rule, policy, or practice;
• applies equally to everyone;
• but places one sex at a particular disadvantage; and
• cannot be objectively justified as a proportionate means of achieving a legitimate aim.

Example:

An employer requiring all employees to work full-time where that requirement disproportionately disadvantages women with childcare responsibilities.

3. Harassment and Sexual Harassment

The Equality Act prohibits:

• unwanted conduct related to sex; and
• unwanted conduct of a sexual nature,

where the conduct violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.

4. Victimisation

It is unlawful to treat someone unfavourably because they have:

• complained about discrimination;
• brought proceedings;
• supported another person’s discrimination complaint; or
• done any protected act under the Equality Act.

The Act applies well beyond employment. It regulates educational institutions, public authorities, landlords, service providers, professional bodies, and many other organizations.

There are limited exceptions. Different treatment based on sex may be lawful where being male or female constitutes a genuine occupational requirement, provided the requirement is a proportionate means of achieving a legitimate aim. Examples include certain acting roles or personal care services where privacy considerations justify the distinction.

The Equality and Human Rights Commission (EHRC) oversees enforcement of the Equality Act, while employment-related claims are generally determined by Employment Tribunals.

Sex discrimination law seeks to promote substantive equality by prohibiting unjustified differential treatment based on sex while permitting narrowly defined exceptions where objectively justified.

KembaraXtra - Legal Terms - Sewel Convention

The Sewel Convention is a constitutional convention under which the UK Parliament will not normally legislate on matters devolved to Scotland, Wales, or Northern Ireland without the consent of the relevant devolved legislature.

The convention originated during the passage of the Scotland Act 1998, when Lord Sewel stated that Westminster would not normally legislate with regard to devolved matters without the agreement of the Scottish Parliament. Similar practices have subsequently developed in relation to the Welsh Parliament and the Northern Ireland Assembly.

Where the UK Government proposes legislation affecting devolved matters, the relevant devolved legislature considers a Legislative Consent Motion (LCM), commonly referred to as a Sewel Motion. If approved, the devolved legislature formally consents to Westminster legislating in that area.

The convention received statutory recognition through section 2 of the Scotland Act 2016, which provides that:

“it is recognised that the Parliament of the United Kingdom will not normally legislate with regard to devolved matters without the consent of the Scottish Parliament.”

Despite this statutory recognition, the Supreme Court confirmed in R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5 (Miller No. 1) that the Sewel Convention remains a political convention rather than a legally enforceable rule. Accordingly, the courts cannot compel Parliament to comply with it.

The Convention therefore plays a significant constitutional role in maintaining cooperative relations between Westminster and the devolved legislatures while preserving the legal doctrine of Parliamentary sovereignty.

KembaraXtra - Legal Terms - Severance Pay

Severance pay is money payable to an employee upon the termination of employment. Under English law, there is no general statutory entitlement to severance pay merely because employment ends. Instead, entitlement usually arises under the common law contract of employment, an express contractual term, or specific statutory provisions.

At common law, severance pay commonly includes:

• pay in lieu of notice (PILON) where the employer terminates employment without giving the contractual or statutory notice period;
• outstanding salary and wages;
• accrued but untaken holiday pay;
• any contractual bonus or other payments due.

Where an employee is employed under a fixed-term contract containing no provision allowing early termination, dismissal before expiry of the term normally constitutes a breach of contract. The employee may recover damages representing the salary and benefits that would have been earned during the remainder of the contract, subject to the duty to mitigate loss by seeking alternative employment.

An employee dismissed for gross misconduct or another repudiatory breach of contract may lose entitlement to notice pay because the employer is entitled to dismiss summarily.

Severance pay should be distinguished from:

• redundancy payments, which arise under statute when employment ends because of redundancy;
• compensation for unfair dismissal, awarded by an Employment Tribunal; and
• damages for wrongful dismissal, arising from breach of the employment contract.

Many severance payments are negotiated through settlement agreements, where additional compensation is paid in exchange for the employee waiving legal claims against the employer.

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