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PROTECTING CHILDREN FROM SEXUAL HARM: ANALYSIS OF CONSULTATION RESPONSES

CHAPTER 7: ADDITIONAL COMMENTS

In addition to responding to the specific questions tabled in the consultation document, many consultees provided more general, overarching views of relevance. Several praised the overall approach and aims of the proposals. Examples included:

A few respondents welcomed the legislative interface with England and Wales (2 Vol) as enabling a UK wide approach to tackling offending and allowing for lessons learned south of the border to transfer to Scotland (Vol). One opposing view, however, was that Scotland and England have different legal systems and whilst it may appear to be beneficial that laws between Scotland and England are harmonised, the fact that a law exists in England does not necessarily mean that the same law should exist in Scotland (Vol).

A key theme evidenced in many responses was that the legislation by itself was not enough to tackle the problem of child sexual abuse. The views of several consultees could be summed up by one comment:

" new legislation and civil orders may be one part of the solution but can never be more than that" (Indiv)

There was concern that the new legislation would provide people with a false sense of security bearing in mind its resource implications and practical challenges (Indiv, LA). Although the proposals were welcome, one respondent commented that they dealt with a relatively small issue in relation to the overall problem of protecting children from sexual harm (LA). There was an overwhelming call from many respondents for continued public awareness and educative initiatives aimed at informing people of the relevant issues including the threat of sexual harm to children posed by the internet (Indiv, 3 LA, Oth Pub, 3 Vol). The Scottish Executive's initiative "Click Thinking" was praised in this regard (Vol).

A greater role was seen for parents in controlling their children's internet access (Leg). One concern was that by promoting new legislation this would draw attention away from the joint efforts required by a raft of different bodies including parents in tackling a problem which was everybody's business (Indiv, 2 Vol).

Calls were made for better links between internet providers and statutory and voluntary services (Oth Pub, Vol) and for ISPs to take on more responsibility for ensuring that those who use their services do so responsibly (2 LA). The question was posed as to whether there should be regulation regarding the use of the internet by those aged under 16 (Oth Pub).

Another over-arching comment raised in relation to various aspects of the proposals was concern that the legislation should be underpinned by appropriate, long-term funding for enforcement, for victims, for associated treatment interventions, for training of professionals in the Bill's implications for them and so on (Indiv, LA, 3 Vol).

A more specific concern was to stress the importance of placing the legislation within the context of positive sexual health work currently taking place across Scotland (Oth Pub) and ensuring that an appropriate balance is struck between promoting sexual well being and protecting against sexual harm. It was remarked that there is a need to address the sexual health needs of young people in line with the proposed National Sexual Health and Relationship Strategy and the proposals may not adequately address the tension between promoting sexual health and protection from sexual harm (Oth Pub).

Finally, one respondent expressed their concern regarding what they perceived to be an ongoing trend by the Scottish Executive to blur the definition between civil and criminal law (Vol). It was argued that using civil law to deal with criminal issues, for example, by making the breach of civil orders a criminal offence, can create confusion and open up the potential for legal challenge. In addition, such practice uses civil standards of proof in cases where sexual harm is alleged.

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