Clause 25 - Sections 18 to 21: marriage exception
Sexual Offences Bill [Lords]
3:30 pm
Ms Vera Baird (Redcar, Labour)
I wish to raise the same point about the marriage exemption that was raised this morning. In effect, the debate has already taken place under clause 16 about similar kinds of activity. The additional factor in clauses 18 to 21 is that the person is in a position of trust—that, if anything, makes the position worse—but there is no reason why, if what is outlawed against a child in clauses 18 to 21 is child abuse, there should be any permission for it through a foreign marriage.
I accept that the further distinction is that one can only commit the offences discussed this morning with a person who is under 16, whereas these can be committed by a person in a position of trust even against a person who is over 16—in other words, against a person who could lawfully marry in the UK. Therefore, the mischief is not as complete.
None the less, all the offences to be committed by a person in a position of trust can be committed against a person under 16, who we would all say ought not to be able to consent to any of them, or to be relieved of the opportunity of refusing to consent, by being married. I respectfully suggest that, if the Solicitor-General is prepared generally to review the marriage exception, she should consider clause 25 as well.