Sexual exploitation of 16 and
17 year olds
A briefing for Parliamentarians
Key Issues
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New definition of child sexual exploitation and accompanying guidance
Use of Child Abduction Warning Notices (CAWNs) to protect vulnerable 16 and 17 year olds
A new offence modelled on the coercive and controlling behaviour offence introduced to
protect victims of domestic abuse but applied specifically to 16 and 17 year olds
Safeguarding vulnerable children when they turn 18 years of age
Therapeutic support to children who have experienced trauma and strengthened victims
rights
The criminal justice system’s treatment of offences against 16 and 17 year olds including
updates to the Prosecution Guidelines, Sentencing Guidelines and Court Bench Book
Child Sexual Exploitation Definition
We have already fed in our thoughts to the team working on the new updated definition of child
sexual exploitation (CSE) and welcome the government’s decision to keep the CSE guidance
on a statutory footing.
Much of what we propose is designed to bring criminal law in line with safeguarding practice
and child protection legislation. Currently these are not aligned and young people who are
experiencing sexual exploitation and receiving help and support from safeguarding services
may be told that the perpetrator cannot be prosecuted. This denies them justice but also sends
out a dangerous message suggesting that society does not take what has happened to them
seriously.
Using CAWNs to protect vulnerable 16 and 17 year olds
During the passage through Parliament of the Serious Crime Act 2015 we asked MPs to
consider raising the age limit to which a Child Abduction Warning Notice can be applied to a
child from 16 to 18. Unfortunately this change was not made.
We still feel that CAWNs are an important disruption tool for the police and crucially, one which
officers understand and frequently use. As yet we have not seen any use of Sexual Harm
Prevention Orders (SHPOs) and Sexual Risk Orders (SROs) through our practice but, given
their statutory footing and the need for an application to the court CAWNs clearly have a role to
play in early disruption and the construction of a case for prosecution.
Currently a CAWN can only be applied to a 16 or 17 year old who is in care. This provision is
interpreted to mean in care under s31 of the Children Act 1989 and not those in care under
section 20. Other vulnerable groups on the edge of care are also not properly protected.
Last year 4,510 teenagers aged 16 or 17 became looked after children. Only 190 were taken
into care formally under Section 31. The other 4,320 became looked after children voluntarily
under Section 20. In 2014/15 local authorities identified 70,680 teenagers aged 16 and 17 as ‘in
need’ under section 17 of the Children Act 1989.
childrenssociety.org.uk
Policy and Public Affairs Team
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Recommendation
We would amend the Child Abduction Act 1984 to allow CAWNs to be applied to vulnerable
16 and 17 year olds. This would entail extending the abduction offence to apply to this age
group in circumstances where they are:
- living under the care of their local authority under s20 or 31 of the Children Act 1989
- designated as a child in need under s17 of the Children Act 1989
- subject to a child protection plan
- accommodated under the Housing Act 1996, part vii, after assessment as homeless
Coercive and controlling behaviour offence
Currently one of the other major problems in pursuing prosecution is the difficulty faced in
choosing the best offence against which to try a defendant. The offences outlined in the Sexual
Offences Act 2003 offer good protection to children too young to consent to sex but pursuing a
penalty and achieving an appropriate sentence is more difficult for older children as sexual
offences are perceived to be less serious and the ability of 16 and 17 year olds to consent
introduces more ambiguity.
The amendments made in the Serious Crime Act 2015 to the Sexual Offences Act 2003 have
created a child sexual exploitation offence by adapting what was the offence of child
prostitution. This is welcomed but the offence’s legacy as a former child prostitution offence
means it is too narrow, focusing on financial transactions, and does not fully address the current
context in which sexual exploitation occurs.
Recommendation
The Serious Crime Act 2015 introduced a new domestic violence offence of ‘coercive and
controlling behaviour’ that we feel could be adapted to suit the context in which most 16 and
17 year olds are sexually exploited. A new offence would recognise the power imbalances
inherent in most sexual exploitation and the fact that the relationship would be proven to be
coercive and controlling would strengthen the argument that 16 and 17 year olds cannot be
seen as consenting to their own exploitation. The offence could also be used in conjunction
with other sexual offences. Prosecutions for rape or assault only recognise one ‘episode’ of
exploitation but this new offence would recognise the ongoing context in which young people
are persistently exploited.
Transition to adulthood
Many police forces place a marker or flag on a young person they believe to be at risk or to
have experienced sexual exploitation. This is an important way of keeping young people safe
and has been found to be effective. What happens to these markers and flags when a young
person turns 18 however is not standardised nationally. For some forces we know these flags
and markers ‘expire’. Young adults who have experienced sexual exploitation as children are
still at risk when they turn 18 and the loss of this marker may increase their vulnerability.
Frontline police officers need to know about this historic vulnerability so they can respond
appropriately.
childrenssociety.org.uk
Policy and Public Affairs Team
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Recommendation
We recommend the Home Office require police forces to maintain risk markers young people
at risk of sexual exploitation when they turn 18 years of age.
Support for Victims
In their election Manifesto the Conservative Party undertook to produce a Victim’s Law. We
believe that child victims of sexual offences need particular protection under law and specialist
support should their case be taken to court.
We recommend the Government create a duty for Clinical Commissioning Groups to ensure
that services are available to provide therapeutic support to all children who have experienced
significant trauma and this should include, but not be limited to victims of child sexual
exploitation.
Recommendation
Recently the police have improved the ways in which they inform victims on the progress of
their case through the criminal justice system but practice is still too varied across the
country. Specific duties need to be placed on the police and the CPS to do this in the Policing
and Criminal Justice Bill to ensure that all child victims are properly informed.
Clarifying prosecution, sentencing and judicial guidelines
The prosecution guidelines, sentencing guidelines and court bench book all need to be clearer
about the vulnerability of 16 and 17 year olds and their capacity to consent. They need to be
altered to explicitly recognise that whilst a 16 and 17 year old can consent to sex they can still
be sexually exploited. The guidelines need to state that 16 and 17 year olds may have specific
vulnerabilities that need to be taken into account by juries like a history of being in care or of
homelessness. They also need to clearly state that consent to take drugs and alcohol cannot
have any bearing on consent to have sex. Drugs and alcohol are used as powerful grooming
tools by perpetrators and furthermore a young person’s use of them should not be used to
demonstrate poor character.
We recommend that the prosecution guidelines are updated to explicitly state that whilst 16 and
17 year olds can consent to sex they can still be victims of child sexual exploitation and that
they may be particularly vulnerable.
The Sentencing Council’s Definitive Guide on sexual offences should also be updated to ensure
that whenever a victim is under the age of 18 the offence has a Category 2 harm factor. This
would increase sentences for perpetrators and strengthen the position of 16 and 17 year olds as
children and not adults. We also feel that a child known to statutory agencies as vulnerable
should be included in the aggravating factors to ensure that specific vulnerabilities like being in
care are recognised.
Finally we feel the court bench book needs an update around the ability of 16 and 17 year olds
to consent to sex, their sexual exploitation and specific vulnerabilities in order to ensure that
juries get informed direction when they are asked to consider a case where a 16 or 17 year olds
has been sexually exploited. We also feel that the book needs to state that consent to take
alcohol and drugs can never be considered as consent to have sex.
childrenssociety.org.uk
Policy and Public Affairs Team
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Recommendations for the Home Office
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Include the amendments needed to apply CAWNs to vulnerable 16 and 17 year olds in the
draft Policing and Criminal Justice Bill
Use the Policing and Criminal Justice Bill to introduce a new offence based on the
coercive and controlling behaviour offence in the Serious Crime Act 2015 to protect 16
and 17 year olds from exploitative relationships
We recommend the Home Office require police forces to maintain risk markers young
people at risk of sexual exploitation when they turn 18 years of age.
Use the Policing and Criminal Justice Bill as an opportunity to strengthen the rights of
victims by making the Victim’s Code statutory with a particular emphasis on enhanced
rights for children.
For more information please contact Jake McLeod on 020 7841 4485 or at
[email protected]
childrenssociety.org.uk
Policy and Public Affairs Team
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