Northern Ireland Office

Criminal Justice Minister Paul Goggins MP has today commenced robust new laws to protect children, young people and vulnerable adults from sexual abuse and exploitation.

The Sexual Offences (Northern Ireland) Order, which last year passed through both Houses of Parliament, provides a clear modern framework to protect the public from sexual crimes and brings Northern Ireland into line with the rest of the UK.

The courts will now be able to impose tougher penalties for a range of sexual offences and new offences of kerb crawling and soliciting for prostitution have been placed on the statue book.

Paul Goggins said: “The introduction of these new laws is the first major overhaul of sexual offences legislation in Northern Ireland for more than a century. 

“The new legislation clearly sets out the parameters of acceptable sexual activity in a modern society and clearly states what the law will not tolerate.

“The law puts victims first. They are designed to protect everyone – adults, as well as children and vulnerable people – from abuse and exploitation.”

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; and
• 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. This defines the age in law at which a criminal offence takes place even when consent is given.”

The introduction of these new laws is a further instrument in Government’s commitment to continue with the widespread programme of criminal justice reform. Further information and easy to read guidance on what the new Sexual Offences means for Northern Ireland can be found on the NIO Website: www.nio.gov.uk/sexualoffences

Note to editors:

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 tougher 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, tougher 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.

Trafficking offences remain in the Sexual Offences Act 2003.