News In Focus
3 October 2008
Commissioner argues against underage sex provision
Plans to reform the laws on underage sex should not criminalise young girls, Children’s Commissioner for Scotland Kathleen Marshall has told MSPs.
The Sexual Offences Bill before the Scottish Parliament will make it an offence for children aged 13 to 15 to have sex – girls as well as boys. This goes against a recommendation by the Scottish Law Commission, which said that consensual sex between teenagers of that age should not be a criminal offence but a matter for possible referral to the children's hearing.
The Scottish Government, however, decided to make it an offence, as the law at present criminalises only boys and not girls – something ministers say is discriminatory.
Professor Marshall wants the plans shelved until research has been carried out into their impact. She argued that changing the law in this way would discourage young girls from seeking out medical advice, as it was not certain that such a move would discourage youngsters from sexual activity.
The bill as drafted has the support of Labour spokesman Paul Martin, who said that decriminalising early sexual activity sent out the wrong message to children and to adults who prey on children.