Sexual Exploitation: Protection of 16 and 17-year-olds — House of Commons, 2015-12-17
Topic: Law and Crime
Karen Anne Bradley (Conservative, Centre-right): I join the hon. Lady in paying tribute to the work of that organisation. I will talk about mental health services later, if she will bear with me. I am absolutely sure that the organisation does incredibly important work. The length of its waiting list clearly demonstrates the demand for its services and the fact that it is tackling the issue in an effective way. We need to work across Government, which is why we have established a cross-Government response to child sexual exploitation. I want to assure all hon. Members that this is a top priority for this Government. The Home Secretary launched the report "Tackling Child Sexual Exploitation" in March this year. It sets out a national response to the failures that we saw in Rotherham, which the hon. Member for Rotherham (Sarah Champion) described, as well as in Manchester, Oxford and elsewhere, where children were let down by the very people who were responsible for protecting them. It sets out how we will continue the urgent work of overhauling the work of our police, social services and other agencies together to protect vulnerable children I want to assure all hon. Members that significant work has been and is taking place across Government, but given the time available today, I will not go through all the points that have been raised. My door is always open, however, and all hon. Members are very welcome to come and see me to discuss their concerns and the work that is being done. I will be happy to share in detail the work we are doing across Government I want to touch on the issue of terminology in relation to child sexual exploitation. We know that there is an issue with the terminology, so we are reviewing and reissuing the current definition and the statutory guidance on safeguarding children and young people from sexual exploitation. We will make it clear what constitutes sexual exploitation as a form of sexual abuse, and we are working with a number of stakeholders, including the Children’s Society, to sharpen the definition and strengthen the guidance. We will publish a progress report on all actions taken following the "Tackling Child Sexual Exploitation" report early next year We recognise that 16 and 17-year-olds are a diverse group and can be particularly vulnerable. They are children, but they are old enough legally to consent to sexual activity where appropriate. We know that that combination can be exploited and lead to abuse. There is a contradiction between the ever-decreasing age of sexual maturity and the age of emotional maturity, which is not going down. The wider that gap becomes, the harder it is for us to deal with these complex issues The court process can clearly present a particular challenge to vulnerable victims and witnesses, and everyone involved has a responsibility to manage that impact. In January 2015, toolkits were launched for the police, prosecutors and advocates, addressing the fact that consent is an issue for vulnerable young victims as well as dealing with the context of drugs, alcohol, mental health and learning disabilities. We have also completed the training of all specialist prosecutors, which will include Crown Court cases of child sexual abuse, and in 2016 we are training in-house advocates as well The hon. Member for North Ayrshire and Arran (Patricia Gibson) talked about the law that applies to the sexual exploitation of children aged 16 and 17. I want to assure her that the law in England and Wales already specifically protects that age group from abuse. For example, sections 47 to 50 of the Sexual Offences Act 2003 criminalise payment for the sexual services of a child aged under 18 and provide for the offences of causing, inciting, controlling, arranging or facilitating the sexual exploitation of a child under 18 The hon. Member for Stockport has campaigned vigorously on this issue. During the passage of the Serious Crime Act 2015, she was a leader in ensuring that the Government removed the terms "child prostitution" and "child pornography" from the law. I know that the guidance has not yet been updated in some areas but we are working incredibly hard to ensure that that happens and to ensure that all agencies with responsibility for that guidance update it as soon as possible. This is the clear message: a child cannot consent to sex. They are forced into sex, they do not consent to it, and there can therefore be no such thing as a child prostitute My hon. Friend the Member for North West Hampshire talked about children in care, as did my hon. Friend the Member for Rochester and Strood (Kelly Tolhurst). Children in care are particularly vulnerable, which is why the Children Act 1989 makes it an offence to take any child in care, including a 16 or 17-year-old, away from the person responsible for them without lawful authority or reasonable excuse. We also know that 16 and 17-year-olds can be vulnerable in a variety of ways, some of which may be directly or indirectly linked to their age. That is also reflected in the sentencing guidelines, in which additional aggravating factors include the use of alcohol or drugs on the victim and the targeting of a particularly vulnerable child.