MP calls for special legal protection for sexual abuse victims aged 16 and 17

Teenagers aged 16 and 17 should receive special legal protection to deter those who want to sexually exploit them, a Tory MP has said.

Kit Malthouse said victims of sex offences aged 16 and 17 should have their age taken into account as an aggravating factor in criminal cases, similar to how racial motivation can lead to longer sentences.

The North West Hampshire MP said it was clear that the “sudden removal” of protections at the age of 16 is not working as it promotes complacency and a lack of sympathy for victims.

Mr Malthouse (pictured) said attackers recognise and exploit the “old enough to know better” attitude to carry out attacks against vulnerable 16 and 17-year-olds.

Opening a backbench debate, he said: “It makes people think that these children shouldn’t have the protection, are not really vulnerable, and that they are, in the words very deliberately chosen by the Children’s Society in the report, ‘old enough to know better’.

“Furthermore, it is in many cases that because they lack these protections and above the age of consent that they are all the more likely to be denied justice and why predators are lured towards them.

“This issue that they are above the legal consent has had a big psychological impact on how people have interpreted the crimes committed against them.

“There is evidence that juries have lacked sympathy with their cases when these crimes have come to court.

“Their vulnerability and the cruel effectiveness of grooming is not well understood across the population, attackers are aware of the public’s complacency.”

He added: “It needs to be clear in the law that these children are vulnerable and that the targeting of vulnerable people will never be accepted in the United Kingdom.

“All this points to the fact that the sudden removal of protections at 16 is not working and we can protect children better with our actions in this House.

“The Government must give clarification and put in statute that when a victim of sexual assault is aged 16 or 17 that this is an aggravated offence.

“It must clarify that drugs and alcohol can never be seen as part of consent for a sexual act and it must recognise that vulnerable people are deliberately targeted and that this should be further considered as an aggravating condition.”

Labour MP Graham Allen (Nottingham North) said science and evidence need to be used to prevent child abuse, noting he called for a national institute to look at the reduction of sexual abuse 26 years ago.

Mr Allen said he did not want the same demand still emerging in another 26 years, as he asked for action to protect children sooner rather than later.

He said: “What I’m not going to talk about in this debate is 16 to 18-year-olds because we help 16 to 18-year-olds by intervening much earlier.

“If you just help a 16 to 18-year-old you are firefighting. It has to be done – fires do have to be fought.

“But if we’re get to a strategic grip on this we need to ensure we’re eliminating the causes as well as tackling the consequences – and that, in essence, is the definition of early intervention and that’s why I think it’s very important we look at this as an inter-generational problem.

“This is so big, this is so deep-rooted that we need to have a view that not merely a set of tactics but a set of strategies can take us forward.

“One of the best ways to do that is to look at the example of ‘what works’ institutions in this country, where people collect together best practice, they collect together the evidence, you find out in this case what works most effectively in terms of a programme to help victims, and indeed programmes to help perpetrators from reoffending.

“You have it all in one place so instead of reinventing the wheel – whether you’re in the police, the health service, a Member of Parliament or whatever situation you find yourself in – there’s a place to go to rely on other people’s experience and practice, which has been accumulated over the years.”

Home Office Minister Karen Bradley said the Department for Education recently announced a new “what works” centre for child protection.

Sarah Champion, shadow minister for preventing abuse and domestic violence, said the law needs to recognise that 16 and 17-year-olds can be coerced into sexual abuse in “transient relationships”.

She said: “Too often young people of this age are treated like adults and not afforded the additional protection given in law to younger children.

“However, teenagers of this age are more predisposed to risk taking behaviour.

“For the most vulnerable, for example, those with earlier experiences of abuse, of trauma, of 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 that the young people are scared of.

“The capacity to consent is impaired through an imbalance of power between a child and a perpetrator.”

She also said existing legislation treats 16 and 17-year-olds differently to younger children where they are the victims of certain sexual crimes.

“The current legislation means there is 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 over 18,” she said.

Home Affairs Minister Karen Bradley said the vulnerability of 16 and 17-year-olds is already recognised in some aspects of the law and committed to meeting Mr Malthouse to discuss the issue further.

She said: “We also know that 16 and 17-year-olds can be vulnerable in a variety of ways, some directly or indirectly linked to their age.

“That is also reflected in sentencing guidelines where additional aggravating factors include the use of alcohol or drugs on the victim and the targeting of a particularly vulnerable child.”

The minister added: “The Government recognises the terrible scale and impact of these crimes particularly on vulnerable victims.

“I am proud of the progress we are making in tackling all aspects of child sexual abuse and exploitation but there is still much to do.

“That is why I commend the Children’s Society for their valuable work in drawing attention to particular vulnerabilities and recommending actions.”

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