The Sexual Offences (Amendment) Act 1976 (c. 82) is an act of the Parliament of the United Kingdom. It made provision in relation to rape and related offences. Except for subsections (1) and (2) and (4) and (6) of section 7, the whole act is repealed. Section 7(2) now provides the definition of the expression "a rape offence" in relation to court martial proceedings. The other remaining provisions are purely supplemental.

In England and Wales and Northern Ireland, from 1 September 2001The International Criminal Court Act 2001 (Commencement) Order 2001, article 2, as read with article 3 section 57 of the International Criminal Court Act 2001 (as read with sections 56, 63(2) and 78 of that act) provides that any reference in this act to a specific substantive offence includes an offence under section 51 involving conduct constituting that offence, and, as if any reference in those provisions to a specific ancillary offence includes that ancillary offence in relation to an offence under section 51 involving conduct constituting the substantive offence in question, and an offence under section 52 involving conduct constituting that ancillary offence in relation to an act to which that section applies involving conduct constituting the substantive offence in question.

Section 1 - Meaning of "rape" etc Subsection (1) provided a definition of the word "rape". It was repealed by section 168(3) of, and Schedule 11 to, the Criminal Justice and Public Order Act 1994.

Subsection (2) was amended by section 168(2) of, and Schedule 10 to, that Act. It was repealed by paragraph 20(2) of Schedule 6 to, and Schedule 7 to, the Sexual Offences Act 2003.

Section 2 - Restrictions on evidence at trials for rape etc This section was amended by section 168(2) of, and paragraphs 35(1) and (3) of Schedule 10 to, the Criminal Justice and Public Order Act 1994.

This section was repealed on 4 December 2000The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 5) Order 2000 (S.I. 2000/3075), article 2(c)(i) (as read with article 3) by section 67(3) of, and Schedule 6 to, the Youth Justice and Criminal Evidence Act 1999 (as read with paragraphs 3(3) and 5(2) of Schedule 7).

Section 3 - Application of section 2 to committal proceedings, courts–martial and summary trials This section was amended by section 47 of, and paragraph 23 of Schedule 1 to, the Criminal Procedure and Investigations Act 1996. The amended text applied only in relation to alleged offences into which no criminal investigation had begun before 1 April 1997.The Criminal Procedure and Investigations Act 1996 (Commencement) (Section 65 and Schedules 1 and 2) Order 1997 (SI 1997/683); the Criminal Procedure and Investigations Act 1996 (Appointed Day No 3) Order 1997 (SI 1997/682)

This section was repealed on 4 December 2000 by section 67(3) of, and Schedule 6 to, the Youth Justice and Criminal Evidence Act 1999 (as read with paragraphs 3(3) and 5(2) of Schedule 7).

Section 4 – Anonymity of complainants in rape etc cases This section was amended by Schedule 5 to the Cable and Broadcasting Act 1984, section 158 of the Criminal Justice Act 1988, Schedule 20 to the Broadcasting Act 1990, and sections 168(1) and (2) of, and paragraph 13 of Schedule 9 to, and paragraph 36 of Schedule 10 to the Criminal Justice and Public Order Act 1994.

It was repealed in part by Schedule 16 to the Criminal Justice Act 1988, and Schedule 21 to the Broadcasting Act 1990.

This section was repealed by section 67(3) of, and Schedule 6 to, the Youth Justice and Criminal Evidence Act 1999.

Broader provisions for the anonymity of complainants in sexual offence cases were established by the Sexual Offences (Amendment) Act 1992.

Sections 4(1) and (1A)

Subsections (1) and (1A) were substituted for subsection (1) by section 158 of, and paragraph 16 of Schedule 8 to, the Criminal Justice Act 1988.

The words "or man" in both places and the words "or him" were inserted in subsection (1)(a) on 3 November 1994 by section 168(2) of, and paragraph 36(2)(a)(i)and (iii) of Schedule 10 to the Criminal Justice and Public Order Act 1994.

The words "name nor the address of the woman or man", "that person’s lifetime" and "identify that person" in subsection (1)(a) were substituted on 3 November 1994 by section 168(2) of, and paragraph 36(2)(a)(ii), (iv) and (v) of Schedule 10 to the Criminal Justice and Public Order Act 1994.

The words "included in a relevant programme for reception" in subsection (1)(a)(ii) and (b)(ii) and the words "inclusion in a relevant programme" in subsection (1)(b) were substituted by section 203(1) of, and paragraph 26(1)(a) of Schedule 20 to, the Broadcasting Act 1990.

The words "or man" were inserted in subsection (1)(b) on 3 November 1994 by section 168(2) of, and paragraph 36(2)(b)(i) of Schedule 10 to the Criminal Justice and Public Order Act 1994.

The words "that person’s lifetime" in subsection 1(b) were substituted on 3 November 1994 by section 168(2) of, and paragraph 36(2)(b)(ii) of Schedule 10 to the Criminal Justice and Public Order Act 1994.

Section 4(3)

The words "before the Crown Court at which a person is charged with a rape offence" and "relating to the complainant" were repealed by sections 158(4)(a) and 170 of, and paragraph 16 of schedule 8 to, and schedule 16 to, the Criminal Justice Act 1988.

The words "the outcome of" were substituted for the words "an acquittal of a defendant" by section 158(4)(b) of, and paragraph 16 of Schedule 8 to, the Criminal Justice Act 1988.

Section 4(5) This subsection created a summary offence of contravening subsection (1). See further Brown v DPP, (1998) 162 JP 333, (1998) The Times 26 March 1998, DC.

The words "or included in a relevant programme" were substituted by section 203(1) of, and paragraph 26(1)(b) of Schedule 20 to, the Broadcasting Act 1990.

Paragraph (d) was inserted after paragraph (c) by paragraph 34(2) of Schedule 5 to the Cable and Broadcasting Act 1984.

A new paragraph (c) was substituted for paragraphs (c) and (d) by section 203(1) of, and paragraph 26(1)(b) of Schedule 20 to, the Broadcasting Act 1990. (The said paragraph 34(2) of the Act of 1984 being repealed by Schedule 2 to the said Act of 1990).

The reference to level 5 on the standard scale was substituted for England and Wales by sections 38 and 46 of the Criminal Justice Act 1982, and for Scotland by the sections 289F and 289G of the Criminal Procedure (Scotland) Act 1975, and for Northern Ireland by, articles 5 and 6 of S.I. 1984/703 (N.I. 3).

Section 4(5A) This subsection was inserted by section 158(3) of, and paragraph 16 of Schedule 8 to, the Criminal Justice Act 1988.

The words of "any matter or the inclusion of any matter in a relevant programme" and the words "or programme" were substituted in this subsection by section 203(1) of, and paragraph 26(1)(c) of Schedule 20 to, the Broadcasting Act 1990.

The words "or man" were inserted in this subsection on 3 November 1994 by section 168(2) of, and paragraph 36(3) of Schedule 10 to, the Criminal Justice and Public Order Act 1994.

Section 4(5B) This subsection was inserted by section 158(3) of, and paragraph 16 of schedule 8 to, the Criminal Justice Act 1988.

The words "peace or comfort of the woman or man" were substituted in this subsection on 3 November 1994 by section 168(2) of, and paragraph 36(4) of schedule 10 to, the Criminal Justice and Public Order Act 1994.

Section 4(6) The words "transfers proceedings against him for trial for" in subsection (6)(c) were prospectively substituted by section 44(3) of, and paragraph 27 of schedule 4 to, the Criminal Justice and Public Order Act 1994. That Schedule was retrospectively repealed by sections 44(2) and (6) and 80 of, and paragraph 1 of Schedule 5 to, the Criminal Procedure and Investigations Act 1996.

The definition of "a broadcast" was repealed by sections 203(1) and (3) of, and paragraph 26(1)(d) of schedule 20 to, and Schedule 21 to, the Broadcasting Act 1990.

The definition of "cable programme" was inserted by section 57(1) of, and paragraph 34(4) of schedule 5 to, the Cable and Broadcasting Act 1984. It was repealed by sections 203(1) and (3) of, and paragraph 26(1)(d) of schedule 20 to, and schedule 21 to, the Broadcasting Act 1990.

The words "or man" in the definition of "complainant" were inserted on 3 November 1994 by section 168(2) of, and paragraph 36(5) of Schedule 10 to, the Criminal Justice and Public Order Act 1994.

The definition of "relevant programme" was inserted by section 203(1) of, and paragraph 26(1)(d) of Schedule 20 to, the Broadcasting Act 1990.

Section 4(6A) This subsection was inserted on 3 February 1995The Criminal Justice and Public Order Act 1994 (Commencement No. 5 and Transitional Provisions) Order 1995 (S.I. 1995/127), article 2(1) and Schedule 1 by section 168(1) of, and paragraph 13 of Schedule 9 to, the Criminal Justice and Public Order Act 1994.

Section 4(7) Subsection (7)(a) was repealed by section 170 of, and paragraph 16 of Schedule 8 to, and Schedule 16 to, the Criminal Justice Act 1988.

The words "or upon matter included in a relevant programme" were substituted in subsection (7)(b) by section 203(1) of, and paragraph 26(1)(e) of Schedule 20 to, the Broadcasting Act 1990.

Section 5 – Provisions supplementary to section 4 This section was repealed by section 67(3) of, and Schedule 6 to, the Youth Justice and Criminal Evidence Act 1999.

Section 5(1) This subsection modified section 4 in relation to persons charged with a rape offence in pursuance of any provision of the Naval Discipline Act 1957, the Army Act 1955 or the Air Force Act 1955.

The word "all" was substituted for the word "both" in subsection (1)(b) by section 170 of, and paragraph 16 of Schedule 8 to, and paragraph 53(2) of Schedule 15 to, the Criminal Justice Act 1988.

Section 5(5)

For the words "or broadcast" in this subsection, there was substituted the words "broadcast or cable programme" by section 57(1) of, and paragraph 34(5) of Schedule 5 to Cable and Broadcasting Act 1984. That Act was repealed on 1 December 1990 by section 203(3) of, and Schedule 21 to, the Broadcasting Act 1990. For the words "broadcast or cable programme in question was of" there was substituted the words "or programme in question was of, or (as the case may be) included," by section 203(1) of, and paragraph 26(2) of Schedule 20 to, the said Act of 1990.

This section was explained by section 12 of the Criminal Jurisdiction Act 1975 (repealed for England and Wales by part II of schedule 2 to the Prosecution of Offences Act 1979). The said section 12 provided that this subsection did not prevent the arrest without warrant, or the issue or execution of a warrant for the arrest, of a person for any offence, or the remand in custody or on bail of a person charged with any offence, and that this subsection was subject to any enactment concerning the apprehension or detention of children or young persons.

Section 5(6) The words from the beginning to "and" in the second place where it occurred were by section 170(2) of, and paragraph 16 of Schedule 8 to, and Schedule 16 to, the Criminal Justice Act 1988.

Before:

After:

Section 6 – Anonymity of defendants in rape etc cases

This section was repealed by sections 158(5) and 170 of, and paragraph 16 of Schedule 8 to, and Schedule 16 to, the Criminal Justice Act 1988.

Section 7 – Citation, interpretation, commencement and extent

Section 7(2) This subsection defined the expressions "a rape offence" and "sexual intercourse" for the Act.