News

Sexual Offences Bill: Children’s Commissioner Warns Of Dangers Of Criminalising Teenage Girls

2 October 2008

Scotland’s Commissioner for Children and Young People today urged the Scottish Parliament to delay a planned change in the law that would see young teenage girls criminalised for sexual activity with boys of the same age group.

In her written evidence on the Sexual Offences Bill, Kathleen Marshall recommends withdrawing the proposal to criminalise girls aged 13 to 15 who engage in sexual activity with boys of the same age, until rigorous research is conducted into the likely consequences of this change in the law.

The Commissioner’s main concern is to ensure that any change to the law is effective in discouraging early sexual activity. The Children’s Commissioner is emphatically not calling for any lowering of the age of consent, and these proposals relate to consensual sex between those aged 13 to 15 years only.

Currently, boys aged 13 to 15 who engage in consensual sexual activity with girls of the same age, are judged to have broken the law and can be subject to criminal punishment. In practice, cases are usually not prosecuted but can be referred to the Children’s Hearings System, on the grounds that the boy has committed an offence. While this is presented as a welfare-based solution rather a criminal one, it can still result in a criminal record for a sexual offence – with significant potential to compromise future employment prospects.

The Sexual Offences Bill proposes extending this criminal liability to girls aged 13 to 15. The Commissioner argues that pressing ahead with this proposal could have a range of unintended consequences, including criminalising young girls and discouraging them from seeking medical advice, and that more research must be done before changing the law on such a serious matter.

Kathleen Marshall, Scotland’s Commissioner for Children and Young People, pointed out that there is currently no clear evidence that criminalising consensual sexual activity between 13 and 15 year olds prevents early sexual activity. She said:

“We need to be certain that the threat of legal punishment and criminalisation does in fact prevent early sexual activity. Extending the threat - empty or otherwise - to girls, may have serious negative consequences such as preventing them from seeking help and advice.

“While I recognise that laws applying to sexual behaviour should apply equally to boys and girls, in this case I believe the proposal should be withdrawn until research is done with young people, to understand clearly what measures are effective in discouraging them from early sexual activity.”

The Commissioner pointed out that while it is right that the age of consent remains at 16, this proposal is based on unfounded assumptions and may, in fact, make things worse for young people.

“This is far too serious a matter for the law to be changed without thorough research,” she continued.

“Likewise, I have sympathy with those people who worry that decriminalising consensual sex between 13 and 15 year olds may lead to it becoming normalised. I would not like this fear to be realised: it is right that the age of consent should remain at 16 and that we should find effective measures that discourage children from early sexual activity.

“That is why I am calling for further research so we can formulate effective policy that will help our young people make the right choices.”

ENDS

For further information call Esther Black or Giselle Dye at Pagoda PR on 0131 556 0770.

Notes for Editors
The Commissioner’s response to the Sexual Offences Bill focuses on the POSSIBLE unintended consequences of the Bill: these include firstly the application of criminal sanctions; secondly of the fear of criminal sanctions; and thirdly the empty threat approach. These would need to be tested out through rigorous research into young people’s motivations and behaviour.

Her response is summarised below.

Possible Unintended Consequences of Criminal Sanctions – if applied
• Young people would get a criminal record for behaviour that hurts no-one but themselves.
• Any conviction for a sexual offence would follow a child for the rest of their lives and restrict career choices.
• Even if the child was referred to a Children’s Hearing instead of the criminal court, admission or proof of commission of the offence, would count as a conviction and could also show up in a Disclosure check.
• The fact that this was known would undermine the credibility of the Disclosure system.
• Underage, pregnant girls could be subject to police investigation and prosecution with the consequent, added distress to them and their parents.

Possible Unintended Consequences of the Fear of Criminal Sanctions
• Young people might not approach health or sexual health and other supportive services.
• Young girls might be more inclined to have abortions to avoid being found out.

Possible Unintended Consequences of the Empty Threat Approach
• Young people understand that the law presents an empty threat and it does not act as a disincentive.
• Young people learn that there are criminal laws that do not need to be taken seriously.