MPS response to the Sexual Offences Bill

Report: 4
Date: 20 June 2003
By: Commissioner

Summary

The Sexual Offences Bill represents the most important reform of primary legislation on sexual offences since the Sexual Offences Act of 1956. The Bill is currently going through the House of Lords prior to its onward passage to the House of Commons. The MPS is fully supportive of the Bill and has been engaged in detailed discussions with the government over its content. An MPS response to the Bill has been written and is publicly available.

A. Recommendations

That

1. Members support the Sexual Offences Bill; and
2. assist the MPS in lobbying for amendments that are proposed in the MPS response to the Bill.

B. Supporting information

Introduction

1. The MPA has asked for a report to be presented on the ‘key elements and issues for the MPS of the Sex Offences Bill that is currently going through the House of Lords’.

2. The Sexual Offences Bill was based on the command paper ‘Protecting the Public’ – Strengthening protection against sex offenders and reforming the law on sexual offences’ that was published in 2002. Many of the proposals also originate from recommendations made in the government consultation paper ‘Setting the Boundaries’ (June 2001). The MPS has been actively involved in discussions with the government throughout all stages of the Bill being drafted.

Provisions in the Bill

3. The main provisions in the Bill are as follows:

Part I - Clarification of the law on consent.

Sec 1 introduces a new definition of rape to include penetration of the vagina, anus or mouth by a penis. It also makes any form of sexual intercourse with a child under 13 an offence of rape. The section also introduces a test of reasonableness (‘a reasonable person’ that will be applied to a defendant’s behaviour where consent is at issue. A list of rebuttable presumptions is included where it will be presumed that consent was not given i.e. victim was asleep or unconscious or under threats of violence etc.

Part I also introduces a range of new offences relating to children including a new offence of ‘meeting a child following sexual grooming’ new offences relating to ‘abuse of positions of trust’ and new familial child sexual offences. Offences against persons with a mental disorder or learning disability are also included. There is a section on prostitution and child pornography and ‘trafficking into the UK for sexual exploitation and trafficking within the UK for sexual exploitation. A new offence of ‘voyeurism is included.

Part II - Strengthening of the laws relating to registered sex offenders

This section changes notifications requirements for registered sex offenders, details notification orders, sexual offences prevention orders, foreign travel orders and risk of sexual harm orders.

Part III – General amendments and repeals.

4. The MPS ‘Response to the Sex Offences Bill’ is submitted at Appendix 1. Since writing this response, a number of the points made have been party to debate within the House of Lords at second reading and committee stages.

C. Equality and diversity implications

The law on sexual offences contained in the Sexual Offences Act 1956 is discriminatory in that certain existing offences criminalise consensual sexual activity in private between men, which would not be illegal between heterosexuals or between women. The Sexual Offences Bill will ensure that the criminal law protects everyone equally from non-consensual sexual activity that takes place between consenting adults in private.

C. Financial implications

There are no financial implications in respect of this Bill save the normal cost of training officers in new legislation when the Bill becomes law.

E. Background papers

• The Sexual Offences Bill

F. Contact details

Report author: Richard Walton, MPS.

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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