This item was published during the term of a previous administration that ended in April 2007
Listen
Protecting children against sexual harm
08/12/2004
New measures to protect children from sexual harm have
been broadly supported, an analysis of responses to the
consultation has found.
The Protecting Children from Sexual Harm Consultation
was published in July and more than 70 responses were
received by the end of September.
There was support for proposals to:
- Strengthen the law on sexual grooming by making
this a specific offence.
- Allow earlier intervention to restrict the
movements of convicted sex offenders by making Sexual
Offences Prevention Orders available at the time of
sentencing - without the need for evidence of further
behaviour post conviction and a subsequent chief
constable's application
- Introduce Risk of Sexual Harm Orders to restrict
the activities of individuals suspected of being a
danger to children - even if they have not been
convicted of an offence
However, concern was expressed about:
- The effectiveness of a new grooming offence in
practice
- Whether the criteria for offences should be
widened
- Possible human rights issues
- The need for extra resources
Deputy Justice Minister Hugh Henry said:
"Child sex abuse is one of the most despicable crimes in
our society. It is one the police take hugely seriously and
one the public want to see dealt with.
"That is why I am determined to drive through reforms
that will add to our existing armoury of measures to
protect children. And that is why I am pleased that the
broad tone of the consultation responses received has been
positive.
"This Executive is already taking steps to improve the
protection of children through a three-year programme of
reform. The further measures contained in the Protection of
Children and Prevention of Sexual Offences (Scotland) Bill
will supplement that work by tightening up the law in the
way in which it deals with convicted or suspected child sex
offenders as well as those who cause sexual harm to
adults.
"Protection of children is a top priority for the
Scottish Executive and is a key part of our agenda for
building safer communities. We are determined to do all we
can to support the police, courts and other organisations
in tackling all forms of child abuse.
"Our new proposals will help keep our children safe and
well, while punishing those individuals who try to prey on
them."
The Protection of Children and Prevention of Sexual
Offences (Scotland) Bill was introduced to Parliament on
October 29.
The four categories of behaviour that can trigger a Risk
of Sexual Harm Order (RSHO) are:
- engaging in sexual activity involving or in the
presence of a child
- causing a child to watch a person engaging in
sexual activity - including still or moving images
- giving a child anything that relates to sexual
activity
- and communicating with a child where any part of
the communication is sexual
An order can be imposed on individuals who have not been
convicted of an offence if a chief constable considers that
this is necessary to protect children.
The RSHO will apply for a minimum of two years and will
set out specific activities that the person in question
must not do.
A Sexual Offences Prevention Order (SOPO) is an order
placed on a person who has been convicted of crimes with a
sexual/violent element.
For example a person might be charged with and convicted
of a serious assault in circumstances where the court took
the view that the motive for the assault was sexual.
The orders apply for a minimum of five years and, like
RSHOs, specify activities that the person concerned must
not do.
At present SOPOs can be made on application to a Sheriff
Court by a chief constable in respect of an offender with a
previous conviction for a violent or sexual offence if the
offenders behaviour following conviction is such that s/he
is deemed to pose a risk of sexual harm.
The Bill extends the use of SOPOs so that they can be
imposed by the court when it is dealing with the offender
in respect of the original offence.
Grooming is the use of contact with a child to
facilitate the commission of a sexual offence against that
child.
At present there are a number of statutory and common
law offences that might be committed during the course of
grooming behaviour:
- Fraud
- Offences under the Communications Act (2003)
- Offences under the Civic Government (Scotland)
Act
- Lewd and libidinous practices
- Breach of the peace
The proposed new offence in relation grooming will be
committed by an adult where all the following elements are
present:
- an adult who is 18 or over, travels to meet, or
actually meets, with a child who is 16 or younger
- the adult intends to commit a sexual offence
against the child - evidence for this might be from
materials brought by the adult such as condoms or the
nature of previous communications on the part of the
adult
- the adult has communicated with the child on at
least two occasions beforehand
- the adult does not reasonably believe that the
child is 16 or older
This offence would carry a maximum penalty of 10 years
imprisonment.