Sexual Harm Prevention Orders

A Sexual Offences Prevention Order (SOPO) was replaced by Sexual Harm Prevention Order (SHPO) in March 2015. A SHPO is a legal measure designed to safeguard the public, typically children and vulnerable adults, from individuals deemed to pose a risk of sexual harm. SHPOs fall under Section 103 of the Sexual Offences Act 2003.

The Legislation:

Sexual Offences Act 2003

Section 103A - Sexual harm prevention orders: applications and grounds.

1. A court may make an order under this section (a “sexual harm prevention order”) in respect of a person (“the defendant”) where subsection (2) or (3) applies to the defendant.
2. This subsection applies to the defendant where—
   1. the court deals with the defendant in respect of—
      1. a finding that the defendant is not guilty of an offence listed in Schedule 3 or 5 by reason of insanity, or
      2. a finding that the defendant is under a disability and has done the act charged against the defendant in respect of an offence listed in Schedule 3 or 5, and
   2. the court is satisfied that it is necessary to make a sexual harm prevention order, for the purpose of—
      1. protecting the public or any particular members of the public from sexual harm from the defendant, or
      2. protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
3. This subsection applies to the defendant where—
   1. an application under subsection (4) has been made in respect of the defendant and it is proved on the application that the defendant is a qualifying offender,
   2. the court is satisfied on the balance of probabilities that since the appropriate date the defendant has acted in one or more of the ways alleged by the person making the application, and
   3. the court is satisfied that the defendant having acted in such a way makes it necessary to make a sexual harm prevention order, for the purpose of—
      1. protecting the public or any particular members of the public from sexual harm from the defendant, or
      2. protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.

There is not a specific definition of ‘Sexual Harm’ that can be found under the Sexual Offences Act 2003, however, Section 103B describes it as "Sexual harm from a person means physical or psychological harm caused by the person committing one or more offences listed in Schedule 3."

Sexual harm involves several important aspects, including consent, sexual offences and the protection of vulnerable individuals. Consent requires that a person has both the freedom and the capacity to make a choice. Engaging in sexual activity without consent is considered a sexual offence, which includes crimes such as rape, assault by penetration, sexual assault, and causing a person to engage in sexual activity without consent amongst others.

Schedule 3

The below is an example of offences that are categorised as sexual harm: (Sexual Offences Act 2003, c.42 SCHEDULE 3)

1. Rape, assault by penetration
2. Causing sexual activity without consent; rape of a child under 13, assault of a child under 13 by penetration
3. Causing or encouraging the prostitution of, intercourse with or indecent assault on girl under 16
4. Inciting a girl under 16 to have incestuous sexual intercourse
5. Abuse of position of trust
6. Arranging or facilitating the commission of a child sex offence
7. Meeting a child following sexual grooming
8. Sexual communication with a child
9. Impeding choice, inducements etc. to persons with mental disorder
10. Causing or inciting child prostitution or pornography
11. Controlling a child prostitute or a child involved in pornography