« Previous | Contents | Next »
Listen
PROTECTING CHILDREN FROM SEXUAL HARM: ANALYSIS OF CONSULTATION RESPONSES
CHAPTER 1: BACKGROUND TO THE CONSULTATION
THE CONSULTATION
The Protecting Children from Sexual Harm consultation was launched by the Minister for Justice on 2 July 2004. Copies of the consultation paper were distributed to a wide range of people and organisations in the public, private and voluntary sectors. The consultation paper contained proposals for strengthening the law in the way in which it deals with convicted or suspected child sex offenders and proposed a new draft Bill.
The consultation period ran from 2 July 2004 until 24 September 2004 although a small number of responses were received shortly after this date and have been included in this analysis. A press release helped publicise the consultation paper which was made available on the Scottish Executive website. In announcing the consultation the Minister for Justice said:
" Child sex abuse is one of the most evil, despicable crimes in society today. It can leave emotional and physical scars that last a life time and it is vital that we do all we can to support the police, courts and other organisations in tackling this problem.
This Executive is already taking steps to improve the protection of children through a three-year programme of reform. Today I am announcing further measures which will supplement that work by tightening up the law in the way in which it deals with convicted or suspected child sex offenders.
There must be no safe havens for sex offenders in Scotland. If we can add to our existing armoury of measures to protect children, then we must do so. Our new proposals will help keep our children safe and well, while punishing those individuals who try to prey on them."
The consultation paper highlighted specific issues on which views were invited. These were:
- Proposed legislation which would make it an offence to meet or travel to meet children for purposes of committing a sexual offence, following grooming behaviour
- A proposal for Risk of Sexual Harm Orders which are aimed at protecting children from those who display inappropriate sexual behaviour towards them
- The further use of Sexual Offence Prevention Orders, so that they can be applied to those convicted of sex offences by the court when they are sentenced
Further copies of the consultation paper were requested by respondents not on the initial distribution list and by the final cut-off date for analysis, 71 responses to the consultation had been received and have been included in this analysis. This report presents an analysis of these 71 responses. The findings will inform the development of proposed changes to the law to include in the forthcoming Protection of Children and Prevention of Sexual Offences (Scotland) Bill.
CONTEXT
In recent years there has been a growing realisation throughout the UK that the laws relating to the protection of children from sexual harm need to be strengthened. The internet in particular has provided a new vehicle for those intent on sexual abuse of children to plan their actions and "groom" children with the intention of future sexual abuse of such children. "Grooming" in this context is contact with a child to facilitate the commission of a sexual offence against that child.
In England and Wales weaknesses in the relevant law were addressed by the Sexual Offences Act 2003. In Scotland, various recent initiatives have demonstrated the Government's concern that children should be appropriately protected. For example, its 3 year programme to reform services to protect the most vulnerable children is now in its second year. The new Children's Charter, developed by Save the Children and launched by the First Minister in April 2004 sets out what children and young people need and expect to help protect them when they are in danger of being, or already have been, harmed by another person.
A further major strand of the Scottish Executive's agenda for increasing the protection of children is the proposal for new legislation to be contained in the Protection of Children and Prevention of Sexual Offences (Scotland) Bill. The consultation "Protecting Children from Sexual Harm" sought views on key proposals being considered for the new legislation. The consultation reflected the wish of the Scottish Executive to align the laws relating to the protection of children across different UK jurisdictions, and to signal the respective government's determination to work together to protect children. However, the exercise also provided the opportunity to gather views on fine-tuning legislation to accommodate Scotland's different legal traditions and approaches.
The responses to the consultation have been made publicly available in the Scottish Executive library and on the Scottish Executive website unless the respondent has specifically requested otherwise.
The remainder of the report documents the consultation process ( Chapter 2), and the findings of the analysis ( Chapters 4-7).
« Previous | Contents | Next »