Clause 26 - Sections 18 to 21: sexual relationships which pre-date position of trust
Sexual Offences Bill [Lords]
3:45 pm
Mr Paul Goggins (Parliamentary Under-Secretary, Home Office; Wythenshawe and Sale East, Labour)
When the hon. Lady was arguing forcefully and persuasively earlier, she failed to persuade me. Now that she is at her most obtuse, to use her word, she has come up with an argument that has some merit, although she may not believe it. [Laughter.] The amendment was probably drafted in haste following the presentation, and clearly there are some difficulties with its present form. I would want to take a further look at it.
The point is that abuse of trust offences are based on the principle that the person can use that position of trust to manipulate a young person into a sexual relationship. If the sexual relationship is entered into before the relationship of trust exists, the fact that the defendant knows that he will be in a position of trust in relation to the child at some point in future is irrelevant. However, there is an argument that, where the child is also aware that a relationship of trust will arise between them, that might influence their choice over the sexual activity. A practical example, which is always worth citing, is where the child knows that the person concerned will be their personal tutor at school for the whole of the next academic year. That could put the child in an extremely awkward position and influence their decision to agree to have a sexual relationship. I recognise that the amendment was tabled from a genuine concern to get the matter right, to protect people and to ensure that people are not exploited and that vulnerability is protected. I urge the hon. Lady to withdraw the amendment but I shall give further consideration to the matter, so that we get the drafting of the legislation as near perfect as possible.