Clause 29 - Family relationships
Sexual Offences Bill [Lords]
4:16 pm
Ms Harriet Harman (Solicitor General, Law Officers' Department; Camberwell and Peckham, Labour)
Thus, the definition of familial relationship in clause 29 extends beyond the immediate blood relatives of the child covered in subsection (2), who fall within the scope of the offence simply by virtue of that relationship. Subsection (3) covers more distant family members who are or have been part of the child's household, or who hold or have at any time held a position of trust in relation to the child.
Subsection (4) goes wider and covers those who live in the same household as the child and are regularly involved in caring for, training or supervising the child, or are in sole charge of the child. Such sexual relationships might be justifiable once adulthood is reached, but are within the scope of the offences in order to protect children from being manipulated or coerced into unsuitable sexual relationships before they become adult. Thus, a lodger who lives as part of a child's household and babysits for that child would be prohibited from engaging in any form of physical sexual activity with that child.
At present, persons who are or have been the step-parent of a child fall within the scope of subsection (2)
and are automatically prohibited from sexual activity with that child until he or she reaches the age of 18. We now believe that they should only fall within the scope of subsection (3), which refers not to absolute prohibition but conditional, only if they live or have lived in the same household as the child, or they are or have been regularly involved in caring for, training, supervising or being in sole charge of the child.
The reason for that proposed change is that anyone who is or has been the partner of a child's parent falls within the scope of subsection (3). The definition of a partner in the Bill—this is consistent with the definition used elsewhere in legislation—is someone who lives in an enduring family relationship with another person. A partner is in the same position in relation to his partner's child as a step-parent—that is, there is no co-sanguinity.
Step-parents and partners of parents may not necessarily live in the same household as their step-child, or have any role in their upbringing. For example, they might have no co-sanguinity and no role in their upbringing. For example, where a teenager acquires two step-parents after the remarriage of divorced parents, and the step-parent or partner-of-parent relationship results from marriage or partnership with one of the child's parents, the relationship with the parent is not, in the normal course of events, entered into to create a relationship with the child. On further consideration, we can see no reason to treat the two categories—step-parent and parent's partner—differently. Nor do we believe that those should be grouped in the same category as adults who have a blood, or adoptive or fostering, relationship with a child and have taken a positive step to create a parent-child relationship.
Amendments Nos. 109, 110 and 111 make it clear that a step-parent, whether by marriage or partnership, will only fall within the scope of the abuse of trust offences if he lives or has lived in the same household as the child, or is or has been regularly involved in caring for, training, supervising, or being in sole charge of the child.
Amendment No. 152, which was tabled by the hon. Member for Beaconsfield, would remove cousins from subsection (3) and take them outside the scope of the offence. Cousins have always been included in the scope of such offences, although they are not currently included in the Bill. That was generally supported in another place. They are being moved from where they are at the moment to fall under the scope of the offence.