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PROTECTING CHILDREN FROM SEXUAL HARM: ANALYSIS OF CONSULTATION RESPONSES

CHAPTER 6: OTHER ISSUES TO TAKE INTO CONSIDERATION IN THE PROPOSED BILL

The consultation asked:

Q8: ARE THERE ANY OTHER ISSUES IN RELATION TO GROOMING A CHILD FOR SEXUAL EXPLOITATION THAT WE SHOULD TAKE INTO CONSIDERATION IN THE PROPOSED BILL?

Approximately half of the responses received raised other issues to take into consideration (in addition to those reported in relation to the previous sections of the consultation). Issues raised can be divided into perceived omissions, and detailed points concerning language and technical details.

Perceived Omissions

The omission most frequently identified by respondents was the lack of reference of vulnerable adults as victims of grooming, irrespective of their age (2 Educ, 4 LA, 2 Oth Pub, Faith). It was considered that adults with for example, special educational needs and other disabilities which render them vulnerable should be encompassed by the legislation. In addition, 2 respondents recommended that the scenario of grooming vulnerable parents with the purpose of gaining access to their children for sexual purposes should also be addressed by the Bill (2 LA).

Another perceived omission was legislation to cover the situation whereby an adult grooms a child for the sexual exploitation by others (2 LA, Pol, Indiv, Vol, Leg). As currently drafted, the Bill was seen to provide a potential loophole to avoid prosecution for those engaged in such practices. Similarly, the Bill did not appear to address the situation whereby a groomed child might bring another child (not previously groomed) to a meeting with an adult perpetrator (Pol).

Several respondents highlighted the prevalence of grooming behaviour taking place within households where meetings would not necessarily have to be pre-arranged and travelling would not need to take place (3 Vol, 2 LA).

Others requested further details on how the proposals in the Bill would dovetail with the Children's Hearing system and in particular, which cases should be referred to the Reporter (2 LA).

A few consultees stressed that grooming could involve many methods which were not obviously sexual in nature such as using drugs, alcohol and other inducements to influence and reward children (2 LA) or even enticing children with computer games or offering to babysit (LA). It was felt that these approaches should be recognised and taken into account by the legislation.

Other issues which respondents considered were not adequately addressed by the proposals comprised:

• Grooming of children to work in the vice trade (Indiv)
• Allowing for greater pro-activity to activate the legislative process by professionals involved in child protection rather than waiting for a complaint or an offence to be committed (Indiv)
• The scenario whereby adults such as ISP staff need to view sexual images in the course of helping to detect or prevent crime (Bus)
• Strengthening the evidence which can be gathered via the internet to ensure that the legislation is capable of being enforced (Bus)
• Clarifying the legal position in relation to use of third generation mobile phones in the context of grooming and generally explicit material (Faith)
• Children given mobile phones to maintain contact with an adult without the knowledge of the child's carers (LA)
• The proposal for an independent risk assessor appears to ignore the introduction of the new Risk Management Authority and its intended tasks in connection with serious and violent sexual offenders (LA)

Finally, it was suggested that the effectiveness of the law should be constantly monitored and reviewed in order to keep it up to date with technological advances and to close any developing loopholes which perpetrators have exploited (2 LA, Leg).

Detailed Language and Technical Points

Two respondents highlighted what they perceived to be a gender imbalance towards men as perpetrators in the language of the proposed Bill (Oth Pub, LA). Other specific technical points comprised:

• Is a conditional discharge (Clause 7 of the Bill) a competent sentence in Scotland? (Leg)
• No police power of arrest has been specified to permit the enforcement of Section 1 of the Bill and it was considered that to allow the police to enforce the legislation effectively, a power of arrest would be necessary (Pol)
• Section 1, subsection 2 (a) states that the communications with the child can have taken place in or across any part of the world. Does the passage of time affect the legislation - there is no mention of a time limit (Pol)
• Mention is required of cross-border powers within the UK (Pol, Vol)
• A clearer definition of "relevant offence" is required (Pol)
• The Bill should not allow for a "fantasy" defence for an adult who has groomed a child online but has not actually travelled or met their target with sexual intent (Indiv)
• The Bill needs to be clearer on disclosure arrangements. For example, how does an employer know if an employee poses a risk? Should they employ someone on an interim RSHO? (Faith)

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