EUROPEAN CONVENTION ON HUMAN RIGHTS

model-kurimizumi has made the following statement under section 19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Sexual Offences (Amendment) Bill are compatible with the Convention rights.

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Change the definition of rape, reform the age of consent, and for connected purposes.

Bᴇ ɪᴛ ᴇɴᴀᴄᴛᴇᴅ by the King's most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1. Rape

(1) For section 1(1) of the Sexual Offences Act 2003 substitute—

(1) A person (A) commits an offence if—

(a) A intentionally—

(i) penetrates another person (B) with A's penis,

(ii) penetrates the vagina, penis or anus of B with any part of the body or anything else and the penetration is sexual,

(iii) causes B to penetrate A with B's penis, or

(iv) causes B to penetrate A's vagina, penis or anus with any part of B's body and the penetration is sexual;

(b) B does not consent to the penetration; and

(c) A does not reasonably believe that B consents.

(2) In the table in section 77 of the Sexual Offences Act 2003, for the row for "an offence under section 1 (rape)", in the column titled "Relevant Act" substitute—

The defendant (D) intentionally penetrating, with D's penis, another person (B); D intentionally penetrating the vagina, penis or anus of B with any part of the body or anything else, where the penetration is sexual; D intentionally causing B to penetrate D with B's penis; or D intentionally causing B to penetrate D's vagina, penis or anus with any part of B's body and the penetration is sexual.

2. Age of consent

(1) The Sexual Offences Act 2003 is amended as follows.

(2) In sections 9(1)(c)(i) (sexual activity with a child), 10(1)(c)(i) (causing or inciting a child to engage in sexual activity), 11(1)(d)(i) (engaging in sexual activity in the presence of a child) and 12(1)(c)(i) (causing a child to watch a sexual act), for "16" substitute "18" each time it occurs.

(3) After section 9(1) (sexual activity with a child) insert—

(1A) But A does not commit an offence if section 13A(1) (exceptions for young people close in age) applies.

(4) After section 10(1) (causing or inciting a child to engage in sexual activity) insert—

(1A) But A does not commit an offence if section 13A(1) (exceptions for young people close in age) applies.

(5) After section 11(1) (engaging in sexual activity in the presence of a child) insert—

(1A) But A does not commit an offence if section 13A(1) (exceptions for young people close in age) applies.

(6) After section 12(1) (causing a child to watch a sexual act) insert—

(1A) But A does not commit an offence if section 13A(1) (exceptions for young people close in age) applies.

(7) After section 13(1) (child sex offences committed by children or young persons) insert—

(1A) But a person under 18 does not commit an offence if subsections (1) or (2) of section 13A (exceptions for young people close in age) apply.

(8) After section 13 (child sex offences committed by children or young persons) insert—

13A. Exceptions for young people close in age

(1) A person (A) does not commit an offence under sections 9 (sexual activity with a child), 10 (causing or inciting a child to engage in sexual activity), 11 (causing or inciting a child to engage in sexual activity), 12 (causing a child to watch a sexual act), or 13 (child sex offences committed by children or young persons) if—

(a) the other person (B) is 14 or over; and

(b) either—

(i) B was born before the relevant date, or

(ii) A reasonably believed that B was born before the relevant date.

(2) A person (A) does not commit an offence under section 13 (child sex offences committed by children or young persons) if—

(a) B is 13 or over;

(b) either—

(i) B was born on or before the school cut-off date, or

(ii) A reasonably believed B was born on or before the school cut-off date; and

(c) either—

(i) B was born before the relevant date, or

(ii) A reasonably believed B was born before the relevant date

(3) In this section, the relevant date means—

(a) in subsection (1), the second occurrence of the 1st of September after A was born;

(b) in subsection (2), the first occurrence of the 1st of September after A was born.

(4) In subsection (2), the school cut-off date means the 14th occurrence of the 31st of August before the date of the conduct.

3. Extent, commencement and short title

(1) This Act extends to England and Wales.

(2) This Act shall come into force in England at the end of the period of one month beginning with the day on which it is passed.

(3) This Act shall come into force in Wales at the end of the period of one month beginning with the day on which the Senedd passes a motion in the form of—

“That the Senedd agrees that the Sexual Offences (Amendment) Act 2024 should come into force in Wales.”

(4) This Act may be cited as the Sexual Offences (Amendment) Act 2024.

Referenced legislation

• Sexual Offences Act 2003

Relevant legislation

• Redefining Sexual Offences Act 2015

This bill was written by the Right Honourable /u/model-kurimizumi OM CT CB, the Deputy Prime Minister, on behalf of the 34th Government.

Opening Speech

Deputy Speaker,

I wish to start by warning members across this House that my speech will be talking about sexual violence. In particular, I will be going into the definitions of offences, and I understand that this may be hard for some members to listen to because of their own experiences. I will not be offended if members choose not to listen to my speech.

I rise today to present a bill that will make significant steps to clarify and improve the law surrounding sexual offences. This bill comes in two parts, and I shall talk about each in turn.

First, the Government proposes to redefine rape. This has already occurred in recent years with the Redefining Sexual Offences Act 2015. But this bill proposes to equalise the definition. Under the existing law, rape only occurs when a person is penetrated with a penis, body part or other object. It therefore excludes the reverse — where a person forces another to penetrate them. While this is still considered a criminal offence under the Act, it is not given the most serious legal label of "rape". As a result, many survivors — men, women and non-binary people — miss out on getting true justice.

In consulting for the 2003 Act, the public supported limiting rape to being penetrated by a penis. But this is no longer the case, with overwhelming support for an expansion of the definition so that rape covers both penetrating and being forced to penetrate. The formulation of the new definition of rape focuses on the most serious instances of sexual violence out there. In effect, any sexual violence that involves penetration with or of the penis, vagina or anus will now fall under the scope of rape.

Other offences remain unchanged, so other areas of the 2003 Act will still capture offences such as forced masturbation or sexual touching.

Second, the Government proposes to raise the age of consent to 18 and in return to create a close in age exception. This kind of law is commonly known as a Romeo & Juliet law.

The current state of affairs means that the police and the CPS are required to assess whether to investigate and prosecute offenders who have sexual relations. This results in inconsistent outcomes and comes down to the discretion of individual police officers and prosecutors. And it does not protect children, who are often scared to talk about sexual relations they are having so that they can understand how to stay safe.

Instead, the Government proposes that those who engage in sexual activity with someone under the age of 18 are no longer committing a criminal offence if the other person is aged 14 or over and is in the same academic year or the one below. In short, assuming that everyone enters school like normal and remains within their school year, then a Year 11 student can have sexual relations with a Year 10, 11 or 12 student. A Year 9 student can have sexual relations with another Year 9 student or, if they are 14, a Year 10 student. Such a change avoids criminalising those who are exploring while they are young, but ensures that 16 and 17 year olds are not vulnerable to the advances of much older adults.

Deputy Speaker, now is the time to reform our laws to protect everyone. I urge members across the House to support this bill.

Debate under this bill shall close on the 13th January at 10pm GMT