Clause 14 - Child sex offences committed by children or young persons
Sexual Offences Bill [Lords]
3:45 pm
Mr Hilton Dawson (Lancaster and Wyre, Labour)
I beg to move amendment No. 11, in
clause 14, page 5, line 33, at end insert
', unless such actions could be considered by a reasonable person to constitute ordinary, consensual adolescent behaviour.'.
We have had an excellent debate, which seems to have lasted for a very long time. Frankly, my overwhelming feeling at the moment is one of relief that my own daughters are now well into their 20s. I am grateful to the three other members of the Committee who have put their names to the amendment and for the words of support for it that I have received from officials of the National Society for the Prevention of Cruelty to Children; from Rachel Hodgkin, who wrote the briefing from the Family Planning Association; and from officials of the Children's Rights Alliance for England.
This is developing into an excellent Bill. It makes a very strong statement about the importance that the Government and hon. Members of all parties attach to the issues. In that context, I strongly support the retention of the age of consent at 16. One of the best things that the Government have done was to equalise the age of consent at 16. Also, as I said earlier, I am very pleased with the concept that children under 13 are incapable of consenting to any sexual activity.
I am also pleased by the introduction of the offence of touching that is sexual, and I am happy with the definitions that are given in the Bill. The sexual abuse of children by other children is a very serious problem that was discussed earlier today. I do not believe that anyone is terribly clear about this, but the figures indicate that perhaps as much as 40 per cent. of sexual offences against children are committed by their peers. We must deal with that sorry statistic with openness and through education and the effective treatment of disturbed children, whether they are victims, offenders
or both, and we must have good services that are backed up by sound law.
In a broader context, I am concerned that too many children are losing out on their childhood. The pressure on children to engage in mock-adult behaviour and behaviour that is way beyond their years is immense and growing, and the current age of consent is under threat. How can it not be, when it is reliably reported in The Lancet and other places that 30 per cent. of men and 26 per cent. of women say that their first experience of intercourse occurred before the age of 16? Every Member of Parliament is concerned about the teenage pregnancy rate in this country.
Clause 14 effectively outlaws kissing for under-16s on pain of five years imprisonment. That is how young people see it, but I do not know about other hon. Members. I attended a spirited debate at the annual assembly of the United Kingdom youth parliament in July when young people were well informed and aghast at the implications of the clause. I am extremely concerned that it is deeply flawed and that it will bring the age of consent of 16 into total disrepute and undermine it. The young people to whom I talked at the youth parliament and those from my constituency who visited Parliament earlier this week could not believe that such a provision was even being considered by anyone in this House.
I am concerned that the clause will prevent young people who are involved in consensual relationships from seeking advice on contraception, how to handle those relationships and the emotional implications of deep relationships before the age of 16. I am also concerned that it will leave some young people more vulnerable to abuse because of the need for secrecy. Who could fail to recognise the potential for emotional blackmail of a vulnerable child who is emotionally attached to a domineering partner of a similar age and who cannot tell what is going on because she would not want him to go to prison for five years? We want openness, education, sound advice, counselling and support, and that should be based on effective law that is rooted in the reality of children's experience. Touching may be coercive, but it may be mutually agreed, experimental and normal. Young people develop in maturity and understanding at different rates and the response of parents, family and professionals to the challenges of young people's sexuality should be proportionate, supportive, sympathetic and helpful.
Some of the amendments that we have discussed today are complicated. The Home Secretary said that the conundrum is so difficult that he is prepared to offer a magnum of champagne to anyone who can solve it. I think that we have made it too complicated by trying to allow for the vast range of possible situations in the Bill. That is impossible and the Home Secretary's champagne is completely safe.
The amendment is not perfect, but it is on the right lines. It would introduce an appeal to the common sense and reason not only of the police and the Crown Prosecution Service, but of every parent of every teenage child, every teacher of every teenage child and
anyone who has contact with adolescents and is concerned about them. The amendment would not decriminalise anything. It would retain the backing of the serious sanction if and when it is needed, but it would set the matter out in a form that is understandable and explicable. It tries to strike the necessary balance between protection and allowing children to grow. If we over-protect children, we render them vulnerable.
My proposal would be understandable and explicable to young people and I think that we could make it acceptable to them. We need something clear and straightforward in the Bill. We need effective legislation to underpin a change of culture in this country. We need greater openness, understanding and sympathy for young people. We need a realistic point from which to promote a culture that says, ''Until you're ready, it's quite all right for you to say no.'' Amendment No. 11 would help to create that.