What a ludicrous situation when
politicians legislate on a knee jerk, law drafters are left with an impossible situation. They then suggest that a recovery policy is to write a bad law and then ask us to trust the discretion of the prosecutors to refrain from using the law
inappropriately. We desperately need some sort of constitutional court to protect us from our incompetent law makers.
From The Sunday Times
Teenagers who kiss and cuddle behind the
bike sheds would be breaking the law under new legislation planned to crack down on paedophiles. A bill proposed by David Blunkett, the home secretary, fails to distinguish between innocent teenage fumbling and adult paedophiles when it outlaws “sexual
touching” of under-16s.
If the bill becomes law it could theoreticially see teenagers facing up to five years in jail and land their parents with 14-year jail terms if they knowingly allow their underage sons and daughters to
cavort with friends.
Blunkett had hoped MPs would approve the new Sexual Offences Bill but now faces a rebellion over its poor drafting when it is discussed this week. He insists he has no intention of outlawing teenage
necking, but his officials accept that, technically at least, his bill could have that effect.
The offending text, clauses 10 to 14 of the draft bill, says that a teenager commits an offence if he
intentionally touches another person (and) the touching is sexual.
Parts of the bill are designed to address the widespread public disquiet that followed the murder of Sarah Payne, the eight-year-old abducted from a field
in Sussex three years ago and murdered. In response, Blunkett had the bill drafted so that it would impose much longer sentences on convicted paedophiles. The bill also brings under one act a host of disparate offences.
But critics say that no matter how well intentioned the bill, Blunkett has gone too far. In trying to protect children from the attentions of predatory adults, it will criminalise them for innocent behaviour of their own. Barry Hugill, a spokesman for
the civil rights group Liberty, said: I’m sure that the overwhelming majority of people in the country will believe this is silly. Most of them know the difference between abuse and teenagers snogging.
The bill has been roundly condemned by the Family Planning Association (FPA) because it fails to distinguish between abusive relationships and consensual sexual activity between under-16s. Rachel Hodgkin, a senior adviser at the FPA, said:
“There is a maximum of five years for snogging or sexually touching someone. You could get the trauma of your perfectly normal sexual life as an adolescent being investigated as a major criminal offence. The net has been tremendously widened so that
it includes French kissing and touching through clothes. Hodgkin said parents who supervised teenage parties at which under-16s kissed could find themselves at the mercy of the law.
A Home Office spokesman defended the
bill as currently drafted: Adults do not have a monopoly on sexual abuse, and it is extremely difficult to come up with a formulation in law that will protect children from abusive sexual activity by children of a similar age
while allowing for consensual sexual activity to take place. We believe that the law has to be crystal clear about the age of sexual consent, and any sexual activity below that age is not lawful.”
The spokesman added that
guidelines would be issued to the Crown Prosecution Service, instructing it not to prosecute under-16s engaged in genuinely consensual sexual activity.
Blunkett had hoped the bill would face little opposition, but MPs on the
standing committee examining the proposals will be told this week that it criminalises the sort of legitimate — if awkward — encounters enjoyed by millions of teenagers as part of growing up.
The bill has already been delayed
by resistance in the Lords, where a majority of peers objected to its failure to outlaw sex in public lavatories.
Peter Tatchell, the gay rights campaigner, is seeking an amendment to decriminalise sex involving under-16s
where both partners consent and where there is no more than three years’ difference in their ages.