Sexual predators who abuse children under the age of 16 will automatically face rape charges in a major shake-up of the law.
The Home Secretary promised to tighten the law on rape yesterday to stop grooming gang cases being dropped or downgraded to lesser charges if the child victim is perceived to be ‘in love’ with their adult attacker.
The reform means adult perpetrators will no longer be able to use consent as a defence when a child is under 16.
Although the change in the law is designed to prevent older men from escaping punishment for grooming young girls for sex, it is also likely to affect other cases such as teachers seducing pupils.
In her report, Baroness Casey called for police and prosecutors to bring more offenders to justice, warning too many rapists were out on the streets.
She said: ‘There are far too many perpetrators walking freely today who have evaded justice for too long and we should seek to put that right.
‘It’s time we drew a line in the sand and took definitive action.’
In response Yvette Cooper promised the law would change, saying: ‘Baroness Casey’s first recommendation is we must see children as children.
Baroness Louise Casey (pictured) called for police and prosecutors to bring more offenders to justice, warning too many rapists were out on the streets
The Home Secretary (pictured) promised to tighten the law on rape yesterday to stop grooming gang cases being dropped or downgraded to lesser charges if the child victim is perceived to be ‘in love’ with their adult attacker
‘She concludes, too many grooming cases have been dropped or downgraded from rape to lesser charges because a 13 to 15-year-old is perceived to have been in love with or had consented to sex with the perpetrator.
‘We will change the law to ensure adults who engage in penetrative sex with a child under 16 face the most serious charge of rape, and we will work closely with the CPS [Crown Prosecution Service] and police to ensure there are safeguards for consensual teenage relationships.’
Although sexual activity with a child under 16 is unlawful, the report highlighted a ‘grey area in the law’ where charging decisions are ‘open to interpretation’ because victims are seen as ‘wayward teenagers’ or ‘collaborators in their abuse’ due to perpetrators using a ‘boyfriend model’ to groom victims.
Baroness Casey said: ‘I want the legislation on rape tightened up so that an adult having penetrative sex with a child under 16 is rape – no excuses, no defence.
‘I believe many jaws across the country would drop if it was widely known that doing so is called anything but that.’
The audit also highlighted how child victims have been ‘adultified’. In one case, a man in his 20s who groomed a child online and conspired with another adult to rape two children was downgraded to a lesser offence after the defence produced evidence that the victim had made suggestive comments before they met.
As Director of Public Prosecutions between 2008 and 2013, Sir Keir Starmer (pictured) insists he tackled Asian child abuse rings ‘head on’
And a judge in a sexual exploitation case involving a 13-year-old abused by multiple offenders remarked that the victim ‘appeared older than 13’, pointing out her ‘promiscuous’ behaviour.
Baroness Casey also recommended considering a ‘Romeo and Juliet clause’ to prevent criminalising teenagers in relationships with each other.
Separately, the report proposed that abuse victims prosecuted for child prostitution offences should have their convictions overturned.
Almost 4,000 police cautions were given to children between the ages of ten and 18 for offences relating to prostitution between 1989 and 1995 – with most being 14 to 18 years old.
