2003.001 Sexual Ethics and Criminal Law, Lester ... - Francis Bennion
2003.001 Sexual Ethics and Criminal Law, Lester ... - Francis Bennion
2003.001 Sexual Ethics and Criminal Law, Lester ... - Francis Bennion
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Nor in such cases is it ``appropriate to pursue the matter through<br />
33.<br />
protection . . . processes''. This still br<strong>and</strong>s the children's<br />
child<br />
as criminal, calling for intervention by state services. Such<br />
conduct<br />
can do immense harm to the children, <strong>and</strong> is uncalled<br />
intervention<br />
It needs to be recognised <strong>and</strong> stated that such childish<br />
for.<br />
conduct is not in any way wrong, immoral or criminal.<br />
consensual<br />
the contrary it is to be accepted <strong>and</strong> welcomed. 24 Otherwise the<br />
On<br />
is in¯icted with sex-guilt, a pernicious <strong>and</strong> very common<br />
child<br />
of the way we treat sexuality. 25 This brings me back once<br />
feature<br />
to the question of the undeclared <strong>and</strong> apparently non-existent<br />
again<br />
A ®nal point on sexual activity between age mates who are both<br />
34.<br />
sixteen concerns gay boys. When the Bill for the <strong>Sexual</strong><br />
under<br />
(Amendment) Act 2000, which lowered the gay age of<br />
O€ences<br />
to sixteen, was going through the House of Commons Mr<br />
consent<br />
Hughes MP for the Liberal Democrats made much play with<br />
Simon<br />
fact that clause 2 (later section 2 of the 2000 Act) removed the<br />
the<br />
of criminality, as he put it, from under-16s who became<br />
stigma<br />
in sexual activity with a male homosexual over that age. 26<br />
involved<br />
present Bill proposes to repeal section 2 without replacing it. So<br />
The<br />
safeguard for gay boys will go. It is puzzling anyway that it did<br />
that<br />
apply to protect a boy under sixteen who engaged in consensual<br />
not<br />
activity with another under-age boy, which as we all know<br />
sexual<br />
Adult sexual activity with a child According to the white paper this<br />
35.<br />
criminal o€ence, punishable with up to fourteen years<br />
new<br />
will cover ``a range of behaviour including, for<br />
imprisonment,<br />
any activity with a child that a reasonable person would<br />
example,<br />
to be sexual or indecent in all the given circumstances.'' 27 This<br />
deem<br />
the st<strong>and</strong>ard at that of the reasonable person, so often used in<br />
sets<br />
24 See in particular paras.7, 12 <strong>and</strong> 15 in Annex Two to this report.<br />
See para. 8 in Annex Two to this report.<br />
25<br />
Commons Hansard 10 February 2000, quoted on Mr Hughes's website.<br />
26<br />
27 Para. 50.<br />
moral basis of the Government's proposals.<br />
very commonly happens.<br />
our law ± <strong>and</strong> used throughout this Bill. Here it is inappropriate as a<br />
18
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