Part of Sexual Offences Bill [Lords] – in a Public Bill Committee at 10:45 am on 16 September 2003.
Looking at the amendment, if it were a question of starting with innocent communications that became gradually sexual in nature, it would clearly still be an offence. The second possibility is that an individual might start by saying, ''I'm John, aged 14'' on an internet chat line, and thereafter, prior to the meeting, admit that he is in fact Peter, aged 28, but say that everything is still all right. The hon. Lady raises an interesting point concerning such circumstances. As I read it, the amendment would still make that a criminal offence because the process of arranging the meeting involved an element of deception in order to soften up the child. That said, and arguing against the amendment, it may be argued by the Minister that sufficient safeguard exists in subsection (1)(b) because intent must be proved in order to make out the offence. All the surrounding circumstances will be considered.
If there were a situation where all that someone had done was to enter into what appeared to be completely innocent communications of a non-sexual nature and organise a meeting, and there was no other evidence to suggest that sexual activity was intended to take place, it would be a bold jury that would convict. Effectively, there would be no evidence to show or prove the intent. Doubtless the anxiety that the proposers and those who asked me to table the amendment have is that, in this era, we rightly have great fears about predatory paedophiles. It is also possible to react hysterically to innocent matters. Notwithstanding the lack of evidence that could justify the intent, people would still be convicted because juries might consider that anyone who engages in such e-mail communications must be up to no good. That is the
issue before the Committee, and the amendment provides the opportunity to consider it. It is the one possible objection to clause 17, which otherwise I welcome entirely. I am making a legitimate point. Even if I am not persuaded by the amendment, it is a proper proposal to put before the Committee.