Clause 10 - Sexual activity with a child
Sexual Offences Bill [Lords]
2:30 pm
Ms Annette Brooke (Mid Dorset and North Poole, Liberal Democrat)
I shall be as concise as I can, but it is difficult to compartmentalise the amendments, given the way in which they have been drafted.
We are trying to highlight the difference between under-18s and over-18s. Earlier we strayed on to matters that do not apply, so I want to put it firmly on the record that the amendments are not seeking to abolish the age of consent. The theme that runs through them is an attempt to balance the concern about criminalising all consensual sexual behaviour with retaining the age of consent.
New clause 4 deals with penetration involving a child or a young person. New clause 5 covers penetration involving a child and an adult. The purpose of creating such new offences is to remove penetration involving under-16s from the offence of sexual touching, so that sexual touching can be decriminalised for children in certain circumstances, without impacting on the age of consent.
The amendments do not cover oral sex and penetration with other parts of the body or objects. The idea is to create a coherent argument throughout the Bill, which could be supplemented. There would be
much scope for further development. New clause 5 defines the ages between 13 and 16, and would make it clear that the age between 13 and 16 is 13, 14 or 15. That detail is included in several other clauses. The new clause would add clarity to the Bill.
The amendments would avoid unnecessary criminalisation of usual behaviour, many examples of which were referred to this morning. The children's associations that have helped to draft the amendments are absolutely committed to protecting younger children from inappropriate sexual activity. They would introduce an age proximity test. It is almost impossible to come up with a hard and fast rule but, as we know, several people who work co-operatively with those within the organisations that have specific knowledge of such matters have made a specific suggestion.
Clauses 10 and 11 would be amended so that over-18s were liable only for offences with 13 to 16-year-olds—a theme that is followed throughout the amendments.