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The Sexual Offences Bill [HL]: Policy Background

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The Sexual Offences Bill [HL]: Policy Background RESEARCH PAPER 03/61 The Sexual Offences Bill 10 JULY 2003 [HL]: Policy Background Bill 128 2002-03 The Sexual Offences Bill 2002-03 is the culmination of principally two reviews, on sexual offences and the management of sex offenders. This paper provides background to these reviews, outlining current legislation and areas where the Government have identified a need for change. Available statistical information on sexual offences and sex offenders is discussed. The Bill as presented in the House of Lords is described in outline. Information on its subsequent passage through the Lords and a discussion of some of the main issues raised appear in Library Research Paper 03/62. Gavin Berman SOCIAL AND GENERAL STATISTICS SECTION Grahame Danby HOME AFFAIRS SECTION HOUSE OF COMMONS LIBRARY RESEARCH PAPER 03/61 Recent Library Research Papers include: 03/46 Scottish Parliament Elections: 1 May 2003 14.05.03 03/47 Unemployment by Constituency, April 2003 14.05.03 03/48 Enlargement and the European Union (Accessions) Bill [Bill 98 of 2002-03] 19.05.03 03/49 Whither the Civil Service? 20.05.03 03/50 The Conflict in Iraq 23.05.03 03/51 Iraq: law of occupation 02.06.03 03/52 The Courts Bill [HL] [Bill 112 of 2002-03] 05.06.03 03/53 The euro: background to the five economic tests 04.06.03 03/54 Employment Equality Regulations: Religion and Sexual Orientation 06.06.03 03/55 Unemployment by Constituency, May 2003 11.06.03 03/56 The Convention on the Future of Europe: institutional reform 12.06.03 03/57 Economic Indicators [includes article: The RPI to HICP – a new inflation 01.07.03 measure for the UK] 03/58 The draft Treaty establishing a European Constitution: Parts II and III 07.07.03 03/59 UK Election Statistics: 1945-2003 07.07.03 03/60 The draft Treaty establishing a European Constitution: technical and 07.07.03 constitutional issues in Parts I and IV Research Papers are available as PDF files: • to members of the general public on the Parliamentary web site, URL: http://www.parliament.uk • within Parliament to users of the Parliamentary Intranet, URL: http://hcl1.hclibrary.parliament.uk Library Research Papers are compiled for the benefit of Members of Parliament and their personal staff. Authors are available to discuss the contents of these papers with Members and their staff but cannot advise members of the general public. Any comments on Research Papers should be sent to the Research Publications Officer, Room 407, 1 Derby Gate, London, SW1A 2DG or e-mailed to [email protected] ISSN 1368-8456 2 RESEARCH PAPER 03/61 Summary of main points The Sexual Offences Bill [HL], Bill 128 2002-03 aims to modernise the law on sexual offences and to deter and manage sex offenders. Key themes are: • protection of children and other vulnerable people • widening the law on rape and changing the permissible defences in relation to consent • making the law more gender-neutral, repealing, for example, offences applying specifically to gay men • tightening notification requirements on sex offenders and widening registration to those convicted overseas The need for change was highlighted by, principally two, public consultations. A review of sex offences was set up by the Government in 1999, the independent review group producing a consultation paper, Setting the Boundaries, in July 2000. A public consultation closed in March 2001. In addition the Government carried out a Review of the Sex Offenders Act and proposals were published for public consultation by Home Office in July 2001. During the period of this review ongoing changes were made to the criminal justice system and legislation These two reviews fed into a white paper, Protecting the Public (Cm 5668), published in November 2002. This presaged the Sexual Offences Bill 2002-03. This paper provides an overview of the policy debate, including the criminal justice statistics that inform it. Two appendices provide a summary of the present law on sexual offences and a bibliography. 3 RESEARCH PAPER 03/61 4 RESEARCH PAPER 03/61 CONTENTS I Setting the Boundaries 7 A. Child protection 8 B. Vulnerable people 11 C. Rape 13 D. Prostitution 16 E. Homosexual offences 17 II Sex Offenders 20 A. Present law 20 1. Relevant offences 20 2. Notification period 21 3. Breach of registration/notification requirements 22 B. Supervision 22 C. Multi-Agency Public Protection Panels 25 D. Sarah’s law 26 E. Review of the Sex Offenders Act 28 III Protecting the Public 32 A. Commentary 37 IV Sexual Offences Bill 38 A. General 38 B. Commentary 41 V Statistics 44 A. Introduction 44 5 RESEARCH PAPER 03/61 B. Offences recorded by the police, England and Wales 45 C. Other measures of crime 47 D. Court proceedings 49 E. Numbers found guilty or cautioned 49 F. Custody and reconviction 50 Appendix 1: Existing sexual offences legislation 63 Appendix 2: Further reading 65 6 RESEARCH PAPER 03/61 I Setting the Boundaries Published in July 2000, Setting the Boundaries: Reforming the law on sex offences represented completion of the first stage of a wide-ranging review of sex offences,1 its terms of reference having been announced by the then Home Secretary (Jack Straw)on 25 January 1999: …“To review the sexual offences in the common and statute law of England and Wales, and make recommendations that will: Provide coherent and clear sexual offences which protect individuals, especially children and the more vulnerable, from abuse and exploitation; Enable abusers to be appropriately punished; and Be fair and non-discriminatory in accordance with the European Court of Human Rights and the Human Rights Act.” The review will be conducted by a Steering Group of officials from relevant Departments and expert advisers. This Group will have the benefit of advice from an External Reference Group made up of individuals and organisations with experience, expertise and opinions on a range of issues relevant to the consideration of sexual offences. The review should take about a year to complete its work and its recommendations will form the basis of a consultation paper.2 That July 2000 paper3 set in train a public consultation which ended on 1 March 2001. Government and non-Government responses to consultation on the reform of the law on sex offences are available online.4 The consultation paper was accompanied by a brief summary report5 that acknowledged society’s influence on the criminal law on sexual offences. Among the consultation paper’s 62 recommendations to Ministers, some of the more significant relate to rape, sexual assault and related issues of consent. Special cases clearly involve people with limited or no capacity to consent, such as children and people with mental disabilities. The proposed repeal of specifically homosexual offences, particularly when they take place in public, and a specific recommendation on indecent exposure are both areas that have attracted attention, the latter from naturists. Altogether, Setting the Boundaries elicited some 900 responses.6 1 http://www.homeoffice.gov.uk/docs/vol1main.pdf 2 HC Deb 25 January 1999 cc 80-1W 3 op. cit. 4 http://www.homeoffice.gov.uk/docs/sexoffences_conresp.pdf 5 http://www.homeoffice.gov.uk/docs/set_summ.pdf 6 Home Office, personal communication 7 RESEARCH PAPER 03/61 A. Child protection Police Research Series Paper 99, Sex offending against children: Understanding the risk (December 1998) reviewed the literature relating to sex offending against children. It comments that "The literature suggests that 60 to 70% of child molesters target only girls, about 20 to 33% boys, and about 10% children of either sex." (Fewer than 5% of sex offences against children are known to have been committed by women). Under section 6(1) of the Sexual Offences Act 1956 it is illegal for a man, or boy, to have sexual intercourse with a girl under the age of sixteen.7 The maximum penalty is two years' imprisonment.8 There is the so-called "young man's defence"9 - applicable to a man between 16 and 24 who has reasonable grounds for believing the girl was above the age of consent. (Intercourse with a girl under thirteen is a felony under section 5 of the 1956 Act, to which the young man’s defence does not apply). A good deal of further background is given in chapter three of Setting the Boundaries. The paper notes the significant fall, in recent years, in prosecutions for unlawful sexual intercourse with girls: 3.2.10 We do not know why the numbers of prosecutions for usi should have fallen so significantly, but changing social attitudes to under-age sex, including whether the behaviour was regarded as criminal, may be one factor. These offences may also provide supporting charges in cases where rape is the main charge because, even if there was consent, if the girl was under 16 the offence of usi would have been committed if sex took place. Although the absolute numbers have declined, the proportion of prosecutions and convictions has remained stable (in sharp contrast to the changing pattern of rape cases). There is little doubt that teenagers are sexually active under the age of 16. The Teenage Pregnancy report showed that 28% of under age boys and 19% of under-age girls were sexually active in 1991 (this was part of an increasing trend). The Durex Global Sex Survey 1999 indicated that on average teenagers in the UK have their first sexual experience at 15.3 years – slightly later than the US and Canada, but earlier than most European countries (the global average was 15.9 years). The House of Lords has discussed whether the current law is working satisfactorily: Baroness Young asked Her Majesty's Government: Whether the law which makes it an offence for girls under the age of 16 to have sexual intercourse with men is working satisfactorily.
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