Sexual Exploitation: Protection of 16 and 17-year-olds

Ann Coffey Excerpts

Thursday 17th December 2015 Commons Chamber

[Ann Coffey (Stockport) (Lab)]

It is a great pleasure to follow the hon. Member for East Worthing and Shoreham (Tim Loughton), who did so much excellent work as children’s Minister to tackle child sexual exploitation.

“Old enough to know better?” is, indeed, a thought-provoking report by the Children’s Society, which has long been concerned about the vulnerability of this age group. It should be congratulated on its campaigning work in this area.

The last Parliament saw high-profile child sexual exploitation cases in Rochdale, Rotherham, Oxford and Telford, among other places. The public were shocked as the graphic details of the offences were reported, with children and young people being passed around for sex by groups of men, their plight made worse by the attitude of those working in the agencies charged with protecting them, who regarded them as making a lifestyle choice to exchange sex for gifts.

Those cases led to an increasing awareness of grooming and what constitutes consent, and an examination of the wider issues around child sexual exploitation and vulnerability. They also led to a better understanding of online grooming, sexting, peer-on-peer exploitation, the impact of the digital age on how young people communicate and the pressures that that can place upon them.

The last Government introduced a number of measures, such as the new offence of sexual communication with a child and the reduction in the number of occasions on which the defendant must initially meet or communicate with the child before a prosecution may be brought to only one.

Because of the high-profile cases, child sexual exploitation has been identified predominantly with the exploitation by Asian men of white girls, so some of the more common kinds of sexual exploitation are not well understood, particularly how vulnerable young people can be groomed one-on-one by much older adults, either online or in person, or both, into performing sexual acts in which they feel complicit. Neither is the extent of peer-on-peer sexual exploitation fully appreciated. It is the ruthless exploitation of vulnerability—arising from a craving for love or acceptance, a dependence on drugs or alcohol, a disability or the inexperience and immaturity of childhood—for sex that needs wider understanding if we are really to protect children and young people by holding their exploiters to account.

That brings me to 16 and 17-year-olds. Sixteen is the age of consent to sex in law. A 16-year-old can marry with permission and at 17 a young person can drive. Although children can leave school at 16, they cannot work full time unless they are in part-time education or training. We recently debated in the Houses of Parliament whether 16-year-olds should be able to vote in the European referendum. Those differences reflect our ambivalence in respect of that age group. It is an age at which young people want the right to be respected for the decisions they make on their pathway to independence, but at which they still need protections. That is reflected in the different levels of protection that are offered by the law, which recognises that they are still immature in terms of life experience.

That vulnerability in respect of immaturity and age was recognised in the passing of the amendments by the last Government that consigned the term “child prostitute”, referring to those under 18, to the history books. Those amendments came into force on 3 May 2015. One important implication of those measures is that a child of 16 or 17 can no longer be seen as contracting to sell sexual services. Section 47 of the Sexual Offences Act 2003 clearly recognises in law the vulnerability of this group as a result of their age and makes it clear that alleged consent to specific acts will not be a defence when an offender sexually exploits a child of this age group.

That recognition of the vulnerability of this age group needs to be extended and made explicit elsewhere in the law to make it clear that when a sexual offence of any kind is committed against a 16 or 17-year-old, it will always carry a harsher sentence than if the victim had been an adult. The sentencing guidelines for rape, for instance, list a number of factors that determine the category of the offence for sentencing purposes, one of which is that the

“victim is particularly vulnerable due to personal circumstances”.

Along with mental health issues and disabilities, that has been interpreted to include age, but we need to make its inclusion explicit and unambiguous.

No scope should be left for a 16-year-old to be considered not vulnerable, despite their being a child, when we know that there have been significant problems with professionals and the justice system treating people in this age group as adults or as “resilient” or “asking for it”, particularly when the victim is involved or is seen to be involved in criminal activity. The message should go out to perpetrators loud and clear that if they sexually exploit, abuse or rape a 16 or 17-year-old, they will automatically receive a harsher sentence.

Altering the sentencing guidelines in the way I have outlined and in the ways proposed by the report of the Children’s Society, so as to make the vulnerability of this age group clear and consistent across all sexual offences, is an important first step in strengthening their protection in law. I would hope that something could then be done to decrease the disparity in the starting point for sentencing in cases of rape. If the victim is 15, the sentencing range is eight to 13 years, whereas for a child of 16, the range drops to only six to 11 years. There is no reason to make that distinction for offences such as rape, where the age of consent is clearly not relevant, given that rape cannot be consented to. There is every reason to afford 16 and 17-year-olds the same protection we give to children of a slightly younger age.

Last year, I was asked by Tony Lloyd, the Greater Manchester police and crime commissioner, to undertake an independent inquiry into the work that has been done to tackle CSE in Greater Manchester since the shocking Rochdale case. As I said in the report, which was published last October, we cannot prosecute our way out of the problem of CSE. The report highlighted figures for the previous six years in Greater Manchester, which revealed that there were only about 1,000 convictions out of 13,000 reported cases of nine major sexual offences against under-16s.

We know that there is under-reporting of sex crimes against 16 and 17-year-olds because victims are frightened that they will not be believed or because they feel complicit or ashamed. As the “Old enough to know better?” report shows, the police received 4,900 reports of sexual offences against this age group last year, but the crime survey for England and Wales shows that an estimated 50,000 girls alone said that they had been victims. In the last year, Greater Manchester police recorded 311 sexual offence cases against 16 and 17-year-olds, but I believe that there is a much higher level of offending.

Children who are sexually exploited can suffer lifelong harm and everybody agrees that prevention has to be the goal. By the time of prosecution, it is already too late for that particular child, and yet they have to face delays in cases coming to court and challenging and sometimes bullying cross examination, which can add further to their trauma.

Therefore, an important part of the strategy of tackling CSE must be better prevention. To ensure that that happens, we need to listen to children and young people about their experience of the world and support them to inform other young people. We need to build on a new approach to preventing CSE that is spearheaded by young people themselves. One of the things that young people told me again and again was how they valued talking to their peers, because they felt that their peers understood the pressures they faced.

My central proposal was for a multimedia digital network led by young people to spearhead the fightback against CSE, including a high-profile weekly radio show on CSE-related issues produced and hosted by young people. It is a peer mentoring session, writ large. We now have a very successful weekly radio show on CSE on Unity Radio. For two hours on a Thursday evening, this dance and urban music radio station is taken over by 11 to 16-year-olds for the “Next Gen Youths” show, which has serious but accessible discussions on child sexual exploitation, led by young people. The strapline of the NGY show is

“helping young people lead safer and happier lives”.

Its aim is to spread awareness of CSE so that young listeners are better able to understand what a healthy relationship is. The shows have included discussions on what grooming is, how fashion is part of CSE and how pop stars influence the way in which young people dress. Greater Manchester is also developing an app, funded by a Home Office grant, called CTZN, which is a mobile-based digital platform created by and for young people.

Educating young people and effecting a sea change in culture is the only way forward. I believe that all those initiatives show that Greater Manchester is one of the leaders in the fightback against CSE. Public attitudes are fundamental to the protection of children and young people, but the criminal justice system is key in reflecting our attitudes to children and young people. We know that 16 and 17-year-olds are a difficult and challenging age group, but we must understand that during those two years, they often inhabit a dangerous twilight world between childhood and adulthood. Their vulnerability needs to be recognised and the clear message needs to go out to sexual predators that if they commit sexual crimes against people of this age group, they will receive a tougher sentence. That is not the solution, but it is an essential part of a wider strategy to tackle the child sexual exploitation of 16 and 17-year-olds.