Clause 7 - Assault of a child under 13 by penetration
Sexual Offences Bill [Lords]
9:45 am
Mr Dominic Grieve (Beaconsfield, Conservative)
I beg to move amendment No. 129, in
clause 7, page 3, line 28, leave out paragraph (b) and insert
'(b) he has neither lawful authority, nor reasonable excuse, and'.
This, too, is a subject we touched on on Tuesday. However, I return to the matter because it concerns the issue of having to prove under clause 7 that the intentional penetration is sexual. The Minister will remember that on Tuesday I expressed reservations about that test. I suggested that in the case of penetration of the vagina or anus, it was difficult to see that the sexual motive was particularly relevant. I said that there should be a different definition that would properly exonerate someone who carried out such penetration in the course of an intimate search or because there was reasonable excuse for the penetration, for example, if a doctor was treating an unconscious patient. That is why I tabled the amendment and I still prefer my wording. As there was no opportunity for the Government to respond fully on Tuesday, because I had not tabled an alternative wording but simply proposed deleting the words ''the penetration is sexual'', perhaps we might consider it now.
I have received several representations, in particular from Liberty, expressing anxiety about the definition of ''sexual'' in, I believe, clause 79, to which we may return at a later stage. I am worried about what the judge will say to the jury. If something is not easy for a jury to understand mistakes will be made and cases will be overturned on appeal. I have a niggle about the quality of the drafting, and I will come back to that when we discuss clause 79.