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

Sarah Champion Excerpts

Thursday 17th December 2015 Commons Chamber

[Sarah Champion (Rotherham) (Lab)]

Let me first congratulate the hon. Member for North West Hampshire (Kit Malthouse) and my hon. Friend the Member for Stockport (Ann Coffey) on securing this important debate. I would also like to thank everyone who has spoken because they have done so with passion, on the basis of many years of experience and out of a real commitment to using the opportunity we have as parliamentarians to make a difference for the most vulnerable people. I am always most proud when we have debates such as this one.

The clear driver for this debate is improving the lives of the most vulnerable 16 and 17-year-olds. Too often, young people of this age are treated like adults and not afforded the additional protections given in law to younger children. However, teenagers of this age are more predisposed towards risk-taking behaviour. For the most vulnerable—for example, those with earlier experiences of abuse, trauma and 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 of whom the young people are scared. The capacity to consent is impaired through an imbalance of power between a child and a perpetrator, and by the young person’s use and/or dependency on drugs or alcohol prior to the offence.

As far as under-18s are concerned, the law is clear that the sale and consumption of alcohol from licensed premises and from licensed vendors is prohibited, but the law does not specifically address the fact that 16 and 17-year-olds, particularly vulnerable 16 and 17-year-olds, can be coerced to submit to their own sexual abuse through adults supplying them with alcohol on private premises.

It is welcome that the Serious Crime Act 2015 has created an offence of coercive and controlling behaviour in intimate and family relationships, which protects vulnerable individuals, including 16 and 17-year-olds, in cases of domestic abuse. However, similar changes are needed to recognise the fact that 16 and 17-year-olds can be coerced and controlled—either through drugs or alcohol, or through fear—for the purpose of sexual abuse in more transient relationships.

The Sexual Offences Act 2003 defines sex offences against adults and children. In the case of a number of sexual crimes, the Act views young people aged 16 and 17 differently from those under the age of 16, and differently again from adults. For example, young people aged 16 and 17 are recognised as children if they are victims of sexual exploitation. A person who is found guilty of such an offence will incur a shorter prison sentence—up to seven years—than a person whose victim is under 13. That person will be sentenced to life imprisonment, while a person whose victim is between the ages of 13 and 16 will be sentenced to up to 14 years in prison.

Despite the age-related gradation in the length of sentences for sexual exploitation, the sentences for offences of rape and sexual assaults do not reflect the age of the victim in the same way. They do not recognise that young people aged 16 and 17 are children, and are therefore more vulnerable than adults aged over 18. The current legislation provides 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 aged over 18.

Child abduction warning notices are used by the police to disrupt contact between a vulnerable child and an adult when it is feared that the child may be at risk of sexual exploitation or harm. They are primarily used to protect children under the age of 16, with the consent of their parents or guardians. Currently, the law also affords protection to the tiny proportion of vulnerable 16 and 17-year-olds who are in local authority care under section 31 of the Children Act 1989. Police protocols specify that only that group can be protected by child abduction warning notices.

Last year 4,510 teenagers aged 16 or 17 became looked-after children, but only 190 were taken into care formally under section 31. The other 4,320 became looked-after children voluntarily, under section 20. As only those who are formally taken into care under section 31 are protected by child abduction warning notices, the vast majority of 16 and 17-year-olds in care are not protected. That denies the police a critical tool to keep them safe from sexual exploitation. For example, when two children are living in the same supported accommodation and facing the same risks of exploitation, and one is looked after under section 31 while the other is looked after under section 20, the police can protect only the first child; the second is left unprotected. As the Minister knows, there is clear evidence that children in care are more vulnerable to grooming and sexual exploitation. I ask her to look at the position again to see whether that highly vulnerable group of 16 and 17-year-olds could be protected by child abduction warning notices.

We must bear in mind that there are other vulnerable 16 and 17-year-olds who are not looked after by local authorities. They include “children in need” under section 17 of the Children Act, who could be disabled or young carers. Those aged 16 or 17 who are assessed as homeless under the Housing Act 1996 are not eligible either. Both groups are at significant risk, and would benefit from the increased protection provided by child abduction warning notices.

In Rotherham there are 2,360 young people aged 16 and 17, and analysis of Department for Education statistics shows that 160 of them have been assessed as “children in need”. I want those 160 to have the protection of child abduction warning notices, so that if they are being sexually exploited—even if the process of sexual exploitation is just beginning—the police can disrupt the perpetrators rather than sitting on their hands until the abuse happens. The Minister has the perfect opportunity to make amends in the upcoming policing and criminal justice Bill. It is an opportunity to send a strong message that 16 and 17-year-olds are children, and that sexual offences against children will always be treated seriously.

Let me end by asking the Minister some questions. Does she agree that the law should make it very clear that a young person who consents to drink alcohol or take drugs should never be seen as also consenting to a sexual act? Does she also agree that the sexual offences legislation could be strengthened with the introduction of a new offence of coercive and controlling behaviour for the purposes of sexual activity with vulnerable 16 and 17-year-olds?

The definitive sentencing guidelines on sexual offences, specifically on offences of rape or sexual assaults, do not include vulnerability due to the victim being under the age of 18 as the harm factor, the culpability factor, or even the aggravating factor. This means that those convicted of these horrible crimes against children aged 16 and 17 may not get a sentence reflecting the seriousness of their crime due to a victim being a child. Does the Minister agree that the sentencing guidelines on sexual offences should be amended to include a victim aged under 18 being listed as a category 2 harm factor? This would strengthen the message that targeting children for sexual crimes will not be tolerated and raise awareness of the vulnerability of children of this age.

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[Karen Bradley]

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.

[Sarah Champion]

I apologise for interrupting the Minister, but I want to go back to her last point. I do not believe that either the police or people working in care homes are aware of that piece of legislation. If there is anything she can do to make them aware, that would be great. When I speak to these workers, they say, “The child is 16, so I can’t intervene if they want to go off with this person.”

[Karen Bradley]

I hope they have been listening to the debate, but we will make sure that even those few people who are not watching the House of Commons on a Thursday afternoon are made aware of that piece of legislation. The hon. Member for North Ayrshire and Arran talked about a young person’s consent after taking drugs or alcohol. Let us be clear: the law is clear that a young person’s consent to take drugs or alcohol can never be viewed as consent to sexual acts.

I am making sure that I deal with the important points, so let me move on to the issue of mental health. Some children who experience the kind of trauma associated with child sexual exploitation will need support from mental health services. The Minister for Community and Social Care has just joined us on the Front Bench. He is a Health Minister, and I am working closely with him on the crisis care concordat to make sure that mental health services are appropriately delivered. It is crucial that we get this right for children, including 16 to 17-year-olds. That is why we have commenced a major transformation programme, backed by additional investment, which will improve the support provided to vulnerable 16 and 17-year-olds who have experienced sexual abuse and are in need of mental health and wellbeing services. The programme will place the emphasis on prevention and early intervention, which I know to be an issue close to the heart of the hon. Member for Nottingham North (Mr Allen), building care around the needs of children, young people and their families, including the most vulnerable.

May I thank the hon. Member for Mitcham and Morden (Siobhain McDonagh) for bringing the details of the WISH Centre to the Chamber today? I welcome the invitation she made and I hope that we can arrange time in my diary for me to visit.