Northern Ireland Office

Tough new sexual offences laws to protect children, young people and vulnerable adults will be introduced in the House of Commons today by Criminal Justice Minister Paul Goggins, MP.

Those found guilty of sexual activity involving a child under 13 will face the prospect of a life sentence.

Rape and other serious sexual assaults will also be punishable with a maximum sentence of life and this new legislation provides protection up to the age of 18 for offences of familial sexual abuse, where an adult is in a position of trust, or where prostitution or pornography are involved.

The proposed changes reflect Northern Ireland’s position as a mature and modern society and brings the age at which the law recognises consent, into line with the rest of the UK.

Paul Goggins said “The proposed new law offers a radical overhaul of sexual offences as well as greater protection for children, young people and other vulnerable groups.

“The Order sets out the parameters of acceptable sexual activity in the 21st century and clearly states what the law will not tolerate.

“I am convinced that the changes will offer the people of Northern Ireland a modern legislative framework which will ensure maximum protection from unacceptable sexual activity. It puts Northern Ireland on a par with the rest of the UK.

“Those who break the law will find themselves in court facing very lengthy maximum sentences.”

The new offences include:

• Sexual activity involving a child under 13 can mean a maximum life sentence;
• Sexual activity with anyone under 16 means a maximum sentence of 14 years.
• Rape and other serious sexual assault means a maximum of life.
• Offences of familial sexual abuse, or where an adult is in a position of trust, will protect young people up to 18;
• Offences involving abuse of young people in prostitution or pornography will likewise protect those up to 18;
• Offences relating to making, taking and possessing indecent images of children will be extended to apply to children up to 18 instead of 16 as at present.

Paul Goggins said: “The Order also sets the age of consent at 16 in line with the rest of the UK. We are certainly not encouraging 16 year olds to engage in sexual activity. What this is about is defining the age at which a criminal offence takes place even when consent is given.

“Where there is evidence of abuse or exploitation, then the new law will deal with that much more stringently with many offences designed to protect right up to the age of 18.”

Note to editors:

The draft Sexual Offences (Northern Ireland) Order 2008 was laid before Parliament on 30 April 2008.  

The Order reforms the body of law on sexual offences in Northern Ireland, in line with England and Wales.  The main elements are:

A new offence of rape which includes oral penetration (currently vaginal and anal only)

A new offence of sexual assault by penetration (which doesn’t have to be penile) with a life sentence

New offences of rape and assault of a child under 13 which do not rely on an absence of consent

Strict liability offences of sexual activity with a child (now gender neutral) relate to children under 16, with stiffer penalties - up to 14 years (currently max of 2 years for offences against ages 14 to 16)

Other offences against children apply up to age 18 (familial, other positions of trust, prostitution, pornography)

New offences to protect against exploitation of those with mental disorders

New offences of kerb crawling and soliciting for prostitution, stiffer penalties for keeping a brothel and re-enactment of existing offences of causing and controlling prostitution.  

New preparatory offences (administering a substance with intent, committing an offence with intent to carry out a sexual offence, trespass with intent…)

New offences of sex with an adult relative to replace old incest offences.

Re-enactment  of miscellaneous offences eg exposure, voyeurism, intercourse with an animal, sexual penetration of a corpse and sex in a public toilet.  

The Order also allows for trial of offences committed outside of the UK, provides protection from prosecution for individuals working in sexual health and counselling services for young people, disapplies the reporting requirements of section 5 of the Criminal Law Act 1967 from the offences in Article 20 of the Order – offences committed by children or young persons (although it is proposed not to have this commenced until new child protection arrangements are in place).

Trafficking offences remain in the Sexual Offences Act 2003.

Copies of the

• draft Order and explanatory memorandum
• the statement containing a summary of representations to the consultation on the  proposal for a draft Order; and
• the statement detailing changes made

are available on the NIO web site under Publications – Criminal Justice.  

The Assembly report on the proposal for a draft Order is available on http://www.niassembly.gov.uk/adhocs/2007mandate/sexual_offences/sexual_offences_report.htm.

There is also a draft Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 which lists the changes to legislation in England and Wales as a result of the main Order.  It, along with an explanatory memorandum, is also available in the publications section of the NIO website.