TEENAGERS who kiss
and cuddle behind the bike sheds would be breaking the law under new
legislation planned to crack down on paedophiles.
A bill proposed by David Blunkett, the home secretary, fails to
distinguish between innocent teenage fumbling and adult paedophiles when
it outlaws ìsexual touchingî of under-16s.
If the bill becomes law it could theoreticially see teenagers facing
up to five years in jail and land their parents with 14-year jail terms
if they knowingly allow their underage sons and daughters to cavort with
friends.
Blunkett had hoped MPs would approve the new Sexual Offences Bill but
now faces a rebellion over its poor drafting when it is discussed this
week.
He insists he has no intention of outlawing teenage necking, but his
officials accept that, technically at least, his bill could have that
effect.
The offending text, clauses 10 to 14 of the draft bill, says that a
teenager ìcommits an offence if he intentionally touches another person
(and) the touching is sexualî.
Under the new law, the teenage sweethearts Natasha Morris, 12, and
Ashley Lamprey, 15, who met on holiday in Greece during the summer
before running away from home together last week, could both face
imprisonment.
Parts of the bill are designed to address the widespread public
disquiet that followed the murder of Sarah Payne, the eight-year-old
abducted from a field in Sussex three years ago and murdered.
In response, Blunkett had the bill drafted so that it would impose
much longer sentences on convicted paedophiles. The bill also brings
under one act a host of disparate offences.
It also introduces the new offence of ìgroomingî, under which
paedophiles who approach youngsters through the internet with a view to
meeting and abusing them will face a maximum of five years in prison.
But critics say that no matter how well intentioned the bill,
Blunkett has gone too far. In trying to protect children from the
attentions of predatory adults, it will criminalise them for innocent
behaviour of their own.
Barry Hugill, a spokesman for the civil rights group Liberty, said:
ìIím sure that the overwhelming majority of people in the country will
believe this is silly. Most of them know the difference between abuse
and teenagers snogging.î
The bill has been roundly condemned by the Family Planning
Association (FPA) because it fails to distinguish between abusive
relationships and consensual sexual activity between under-16s.
Rachel Hodgkin, a senior adviser at the FPA, said: ìThere is a
maximum of five years for snogging or sexually touching someone. You
could get the trauma of your perfectly normal sexual life as an
adolescent being investigated as a major criminal offence.
ìThe net has been tremendously widened so that it includes French
kissing and touching through clothes.î
Hodgkin said parents who supervised teenage parties at which
under-16s kissed could find themselves at the mercy of the law.
A Home Office spokesman defended the bill as currently drafted:
ìAdults do not have a monopoly on sexual abuse, and it is extremely
difficult to come up with a formulation in law that will protect
children from abusive sexual activity by children of a similar age while
allowing for consensual sexual activity to take place.
ìWe believe that the law has to be crystal clear about the age of
sexual consent, and any sexual activity below that age is not lawful.î
The spokesman added that guidelines would be issued to the Crown
Prosecution Service, instructing it not to prosecute under-16s engaged
in genuinely consensual sexual activity.
Blunkett had hoped the bill would face little opposition, but MPs on
the standing committee examining the proposals will be told this week
that it criminalises the sort of legitimate ó if awkward ó encounters
enjoyed by millions of teenagers as part of growing up.
The bill has already been delayed by resistance in the Lords, where a
majority of peers objected to its failure to outlaw sex in public
lavatories.
Peter Tatchell, the gay rights campaigner, is seeking an amendment to
decriminalise sex involving under-16s where both partners consent and
where there is no more than three yearsí difference in their ages.