Clause 11 - Causing or inciting a child to engage in sexual activity
Sexual Offences Bill [Lords]
3:30 pm
Mr Paul Goggins (Parliamentary Under-Secretary, Home Office; Wythenshawe and Sale East, Labour)
I shall be brief. Clause 11 introduces the offence of causing or inciting a child to engage in sexual activity and covers any situation in which an adult intentionally causes or incites a child under 16 to engage in any form of sexual activity, whether or not that is penetrative. That will not only cover cases where an adult makes a child engage in sexual activity—such as sexual intercourse—with them, but those where an adult makes the child engage in such activity with a third party, whether or not that party is a willing participant or another victim. The offence
will also cover cases where the adult makes the child carry out a sexual act, such as masturbation or stripping, for the sexual gratification of the adult. That closes a gap in the law that was identified last year, when an estate agent caused two young girls to strip in his office and, regrettably, there was no offence with which he could be charged. The offence can also be charged when the adult incites the child to take part in sexual activity, even when the activity itself does not take place—such as when, thankfully, a parent intervenes.
The prosecution shall be required to prove that the child is under 16. In cases when the defendant claims to have believed that the child was 16 or over, the prosecution will have to prove either that he did not hold such a belief or that it was not reasonably held. The provision concerning mistaken belief in age will not, however, apply when the child is under 13.
It is important to emphasise that we have no wish to interfere in the rights of an individual to engage in consensual sexual relationships within a lawful marriage. It is therefore the case that a defendant will not be guilty of the offence when he is lawfully married to the person under 16 and they are engaging in consensual sexual activity. The defence will not be available when the married person causes his or her child spouse to engage in sexual activity with another person. That marriage defence will, of course, apply only in relation to marriages that are contracted in another country where the legal age of marriage is below 16.
We take the firm view that it is the responsibility of every adult to have due regard to the criminal law and to place the well-being of a child above his own desires. The law should deal severely with any adult who knowingly causes or incites any child who has not reached the age of consent to engage in sexual activity. The protection of children should be at the heart of our legislation. The offence will send a clear message that any adult who causes a child under 16 to engage in sexual activity is committing an unlawful act and can expect to be punished.