Clause 18 - Abuse of position of trust: sexual activity with a child
Sexual Offences Bill [Lords]
2:45 pm
Ms Vera Baird (Redcar, Labour)
I am puzzled by clause 18, which does a similar thing to clauses 19, 20 and 21. Clause 18(1)(e) provides that a person commits an offence if
''B is under 18 and A does not reasonably believe that B is 18 or over''.
More or less the same phrase is contained in clauses 10 to 13:
''B is under 16 and A does not reasonably believe that B is 16 or over''.
However, in clauses 18 to 21, there is an extra bit. Clause 18(3) states:
''Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.''
I am puzzled as to the special circumstances that require for this group of clauses an extra provision that is not required for the earlier group. I think that
clause 18(3) embodies the usual position, whereby unless an issue is raised about whether a person reasonably believes someone to be over age, the Crown must prove all of it. However, perhaps the subsection is intended to alter the burden of proof.