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

Patricia Gibson Excerpts

Thursday 17th December 2015 Commons Chamber

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

I am grateful to have an opportunity to speak in this debate and grateful that it has been secured.

The focus of the debate could not be more serious. Protecting our young people from sexual exploitation as they make the transition from childhood to adulthood must be a priority of this House. It goes to the heart of the kind of values we have—the value we place on our young people, the value we place on protecting the vulnerable, and the values we have around dignity, fairness and consent.

Child sexual exploitation is abhorrent and can have devastating and lifelong consequences for those who are victims of it, not to mention the effects on their families and those closest to them. All children and young people have a fundamental right to be cared for and protected from harm, and to be able to grow and thrive in an environment where they feel safe and where their rights are respected, as outlined by the United Nations convention on the rights of the child, which applies to all young people up to the age of 18.

Yet the report “Old enough to know better?”, which was published in November, makes for truly harrowing reading. The Children’s Society report examined why older teenagers are particularly at risk of child sexual victimisation and the extent to which 16 and 17-year-olds are victims of sexual offences. It also considered why they find it so very difficult to disclose their experiences and to access help and support.

We know that the justice system is not always as kind and supportive as it should be to victims of sexual crimes, and nowhere is that more true than in its treatment of our young and vulnerable. Of course, the law recognises that those in the age range under discussion can legally consent to sexual relationships, but under the Children Act 1989 they are still considered to be children. As such, professionals and, indeed, wider society have a legal duty to safeguard those young people from exploitation.

Although 16 and 17-year-olds continue to be protected from sexual abuse within the family or by those in a position of trust, and from sexual exploitation offences such as child prostitution and pornography offences, they simply, and appallingly, do not receive the same kinds of protections as younger children if they are targeted for sexual abuse by predatory adults. That is shocking and it is put sharply into focus by the Children’s Society report, which shows that 16 and 17-year-olds are more likely to be victims of rape or sexual offences than any other age group. That situation demands our considered response.

Just as we find it appalling and evil when young children are sexually exploited, mistreated and abused, so too we should be outraged when those going through the transition from childhood to adulthood face such exploitation. It is concerning that it seems that professionals are more likely to see those in the age range of 16 and 17 as complicit in their own exploitation. Such a view fails to understand the targeted and intense nature of grooming, and it mistakes consent to drink alcohol or to participate in risky behaviours as consent to having sex. Clearly, professionals need more training so that young people who need support and understanding—not to mention justice—receive it. Pointing to the age of legal sexual consent cannot be the means by which we fail to live up to our collective duty to protect our young people on the threshold of adulthood.

In England and Wales there is no specific offence of child sexual exploitation, and that is worth examining. In Scotland the definition of child sexual exploitation states:

“Any involvement of a child or young person below 18 in sexual activity for which remuneration of cash or in kind is given to the young person or a third person or persons. The perpetrator will have power over the child by virtue of one or more of the following—age, emotional maturity, gender, physical strength, intellect and economic and other resources e.g. access to drugs.”

Under Scots law, there are specific protections for those aged 16 and 17 who are at risk of exploitation, with offences specifically to protect that particular demographic. The offence of sexual abuse of trust makes it a criminal offence in Scotland for a person in a recognised position of authority to engage in sexual activity with anyone under the age of 18 in their care. The Protection of Children and Prevention of Sexual Offences (Scotland) Act 2009 makes it a criminal offence to involve children in child pornography, extends protection against indecent images to 16 and 17-year-olds, and provides for restrictions to be placed on sex offenders.

The Scottish Government introduced Scotland’s national action plan to tackle child sexual exploitation, which represents a comprehensive and ambitious strategy to address that complex challenge. The “Getting it right for every child” strategy aims to improve outcomes in Scotland’s public services that support the wellbeing of children and young people. It is part of a framework for responding to sexual exploitation and it applies to young people up to the age of 18. That, as well as the sex offender community disclosure scheme, also offers protection for 16 and 17-year-olds. The keeping children safe scheme enables parents, carers and guardians of those under the age of 18 to make a formal request for disclosure of information about a named person who may have contact with their child, if they are concerned that he or she might be a registered sex offender.

The Scottish Government will launch a campaign to raise awareness of child sexual exploitation in the week beginning 25 January 2016. This high-profile campaign will be aimed primarily at parents, carers and those aged between 11 and 17 years old. It will include TV advertising and poster material that will run for three weeks. In addition, partnership material is being developed in order to reach the youth audience, and a campaign website, which is also being developed, will highlight the risks, as well as offer advice and support. A practitioner’s toolkit will be made available on the website ahead of the launch, so interested parties will be able to download material for use in their local communities.

We must continue to be vigilant in the protection of our young people, wherever they live in the UK. The Scottish Government have done much good work in this area, but there can be no room for complacency and we must always examine all protections offered with a critical eye, to ensure that they continue to offer robust protections for all our young people, including those in the 16 and 17-year-old age bracket. I am not going to stand here today and argue that in Scotland we think it is job done—absolutely not. We must continue to be vigilant, as are those who would exploit young people. As the hon. Member for North West Hampshire (Kit Malthouse) pointed out, those in care are at particular risk. Moreover, the Children’s Society’s call for increasing the age for the application of child abduction warning notices is eminently sensible.

I sincerely hope that Members can learn from the good work and initiatives being undertaken by the Scottish Government, because I know that the Scottish Government will examine all measures taken by this House, to see what they can learn in turn. We should also be learning lessons from how countries further afield tackle the issue. As technology grows ever more sophisticated and those who would exploit our young people become ever more creative, we must all continue to be vigilant. We must not let our young people down. We must not allow the law to let our young people down.

Young people travelling down the road of transition from childhood to adulthood are not being protected as they should be. They are not telling those in authority when they experience sexual exploitation. The Children’s Society report points out how chronically under-reported such exploitation is to the authorities. We know that young people often feel that it is their fault when they are sexually exploited, and we know that it can have huge consequences for their development into full adulthood. The more we talk about it, and the more we recognise it as a problem that actually exists, the more likely those who are exploited will feel able to report their ordeals.

This is an issue that must be brought out of the shadows. We must talk about it, how it can occur and the ways and means through which these young people may be sexually exploited. We must remember that the onus for what happens to them cannot be placed on the shoulders of young, vulnerable people who can be manipulated by others who are far more worldly wise and cunning than them. Concluding that vulnerable young people of 16 and 17 years of age are complicit in their exploitation lets the exploiters and sexual predators off the hook, and that serves only to heap insult on to injury.

Let us not kid ourselves: child sexual exploitation is as much a reality in Scotland and across the UK as it is anywhere else around the world. That is the reality we cannot ignore, and we must tackle it collectively. No one is saying this will be easy, but it must not and cannot be beyond the wit of politicians to draft laws fully to protect our young people from exploitation. Everything that may help must be explored fully. We need to make sure we create an environment that is as difficult as possible for those who would prey on and sexually exploit our young and vulnerable. We also need to create an environment in which the victims of sexual predators and exploiters feel able to speak up, and are confident about doing so, in order to receive the support that they need. Surely, that it is the least we can do.

[Several hon. Members rose—]