criminal-law sexual-assault sex-discrimination
Is kissing the crotch of an underage girl of age 5-6 illegal?
<p>I have recently seen a grandma kissing the crotch of a girl of age 5-6 through panties in a public place. She was holding the girl in hands. Is this illegal?  Is it legal only for women to do?</p>

<p><strong><a href="/questions/tagged/england-and-wales" class="post-tag" title="show questions tagged &#39;england-and-wales&#39;" rel="tag">england-and-wales</a></strong></p>
<p><strong>Is this illegal?</strong></p>
<ul>
<li><strong>YES, NO, MAYBE</strong>  Context is everything, and it depends on whether this was just playful (for want of a <em>much</em> better word) or sexual touching.</li>
</ul>
<p>Assuming that the &quot;grandma&quot; is actually her grandmother, the likely offence - if there is one at all - would be <em>sexual activity with a child family member</em> contrary to <a href="https://www.legislation.gov.uk/ukpga/2003/42/section/25?timeline=false" rel="nofollow noreferrer">s.25 of the Sexual Offences Act 2003</a>:</p>
<blockquote>
<ol>
<li>A person (A) [<em>i.e. grandma</em>] commits an offence if —</li>
</ol>
<p>(a) [s]he intentionally touches another person (B) [<em>i.e. the child</em>],</p>
<p>(b) <strong>the touching is sexual</strong>,</p>
<p>(c) the relation of A to B is within section 27 [<em>which includes grandparents</em>],</p>
<p>...</p>
<p>(e) —</p>
<p>...</p>
<p>(ii) B is under 13.</p>
</blockquote>
<p><strong>Touching</strong> is defined at <a href="https://www.legislation.gov.uk/ukpga/2003/42/section/79?timeline=false" rel="nofollow noreferrer">s.79(8)</a>:</p>
<blockquote>
<p>(8) Touching includes touching —</p>
<p>(a) with any part of the body,</p>
<p>...</p>
<p>(c) through anything [<em>e.g. panties</em>]</p>
<p>...</p>
</blockquote>
<p><strong>Sexual</strong> is defined at <a href="https://www.legislation.gov.uk/ukpga/2003/42/section/78?timeline=false" rel="nofollow noreferrer">s.78</a> as:</p>
<blockquote>
<p>penetration, touching or any other activity is sexual if a reasonable person would consider that —</p>
<p>(a) whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual, or</p>
<p>(b) because of its nature it may be sexual and <strong>because of its circumstances</strong> or the purpose of any person in relation to it (or both) it is sexual.</p>
</blockquote>
<p>A key point to prove is whether s.25(1)(b) is met or not, so again: context is everything.</p>
<p><strong>Is it legal only for women to do?</strong></p>
<ul>
<li><strong>NO</strong> - Both males and females (over the age of criminal responsibility of 10) can commit any sexual offence apart from rape which is purely male-specific for anatomical reasons.</li>
</ul>
