Sexual Exploitation: Protection of 16 and 17-year-olds — House of Commons, 2015-12-17
Topic: Law and Crime
Sarah Deborah Champion (Labour, Centre-left): Let me first congratulate the hon. Member for North West Hampshire (Kit Malthouse) and my hon. Friend the Member for Stockport (Ann Coffey) on securing this important debate. I would also like to thank everyone who has spoken because they have done so with passion, on the basis of many years of experience and out of a real commitment to using the opportunity we have as parliamentarians to make a difference for the most vulnerable people. I am always most proud when we have debates such as this one The clear driver for this debate is improving the lives of the most vulnerable 16 and 17-year-olds. Too often, young people of this age are treated like adults and not afforded the additional protections given in law to younger children. However, teenagers of this age are more predisposed towards risk-taking behaviour. For the most vulnerable—for example, those with earlier experiences of abuse, trauma and neglect—this risk taking can have serious consequences Yes, 16 and 17-year-olds can give consent to sexual acts, but is it always informed consent? The law does not recognise that in many cases where children aged 16 and 17 become victims of sexual offences, they are coerced into submission by perpetrators who supply them with drugs and alcohol or of whom the young people are scared. The capacity to consent is impaired through an imbalance of power between a child and a perpetrator, and by the young person’s use and/or dependency on drugs or alcohol prior to the offence As far as under-18s are concerned, the law is clear that the sale and consumption of alcohol from licensed premises and from licensed vendors is prohibited, but the law does not specifically address the fact that 16 and 17-year-olds, particularly vulnerable 16 and 17-year-olds, can be coerced to submit to their own sexual abuse through adults supplying them with alcohol on private premises It is welcome that the Serious Crime Act 2015 has created an offence of coercive and controlling behaviour in intimate and family relationships, which protects vulnerable individuals, including 16 and 17-year-olds, in cases of domestic abuse. However, similar changes are needed to recognise the fact that 16 and 17-year-olds can be coerced and controlled—either through drugs or alcohol, or through fear—for the purpose of sexual abuse in more transient relationships The Sexual Offences Act 2003 defines sex offences against adults and children. In the case of a number of sexual crimes, the Act views young people aged 16 and 17 differently from those under the age of 16, and differently again from adults. For example, young people aged 16 and 17 are recognised as children if they are victims of sexual exploitation. A person who is found guilty of such an offence will incur a shorter prison sentence—up to seven years—than a person whose victim is under 13. That person will be sentenced to life imprisonment, while a person whose victim is between the ages of 13 and 16 will be sentenced to up to 14 years in prison Despite the age-related gradation in the length of sentences for sexual exploitation, the sentences for offences of rape and sexual assaults do not reflect the age of the victim in the same way. They do not recognise that young people aged 16 and 17 are children, and are therefore more vulnerable than adults aged over 18. The current legislation provides no guarantee that a sexual assault against a 16 or 17-year-old will incur a more severe sentence than an attack on an adult aged over 18 Child abduction warning notices are used by the police to disrupt contact between a vulnerable child and an adult when it is feared that the child may be at risk of sexual exploitation or harm. They are primarily used to protect children under the age of 16, with the consent of their parents or guardians. Currently, the law also affords protection to the tiny proportion of vulnerable 16 and 17-year-olds who are in local authority care under section 31 of the Children Act 1989. Police protocols specify that only that group can be protected by child abduction warning notices Last year 4,510 teenagers aged 16 or 17 became looked-after children, but only 190 were taken into care formally under section 31. The other 4,320 became looked-after children voluntarily, under section 20. As only those who are formally taken into care under section 31 are protected by child abduction warning notices, the vast majority of 16 and 17-year-olds in care are not protected. That denies the police a critical tool to keep them safe from sexual exploitation. For example, when two children are living in the same supported accommodation and facing the same risks of exploitation, and one is looked after under section 31 while the other is looked after under section 20, the police can protect only the first child; the second is left unprotected. As the Minister knows, there is clear evidence that children in care are more vulnerable to grooming and sexual exploitation. I ask her to look at the position again to see whether that highly vulnerable group of 16 and 17-year-olds could be protected by child abduction warning notices. We must bear in mind that there are other vulnerable 16 and 17-year-olds who are not looked after by local authorities. They include "children in need" under section 17 of the Children Act, who could be disabled or young carers. Those aged 16 or 17 who are assessed as homeless under the Housing Act 1996 are not eligible either. Both groups are at significant risk, and would benefit from the increased protection provided by child abduction warning notices In Rotherham there are 2,360 young people aged 16 and 17, and analysis of Department for Education statistics shows that 160 of them have been assessed as "children in need". I want those 160 to have the protection of child abduction warning notices, so that if they are being sexually exploited—even if the process of sexual exploitation is just beginning—the police can disrupt the perpetrators rather than sitting on their hands until the abuse happens. The Minister has the perfect opportunity to make amends in the upcoming policing and criminal justice Bill. It is an opportunity to send a strong message that 16 and 17-year-olds are children, and that sexual offences against children will always be treated seriously Let me end by asking the Minister some questions. Does she agree that the law should make it very clear that a young person who consents to drink alcohol or take drugs should never be seen as also consenting to a sexual act? Does she also agree that the sexual offences legislation could be strengthened with the introduction of a new offence of coercive and controlling behaviour for the purposes of sexual activity with vulnerable 16 and 17-year-olds The definitive sentencing guidelines on sexual offences, specifically on offences of rape or sexual assaults, do not include vulnerability due to the victim being under the age of 18 as the harm factor, the culpability factor, or even the aggravating factor. This means that those convicted of these horrible crimes against children aged 16 and 17 may not get a sentence reflecting the seriousness of their crime due to a victim being a child. Does the Minister agree that the sentencing guidelines on sexual offences should be amended to include a victim aged under 18 being listed as a category 2 harm factor? This would strengthen the message that targeting children for sexual crimes will not be tolerated and raise awareness of the vulnerability of children of this age.