Claim your free 2010 double sided wall chart
New Labour is promoting the reforms as “sex laws for the 21st century”. It is right that the law needs updating, for example by removing such 19th-century homosexual offences as “gross indecency”. But the main thrust of the Act is not to liberalise sex laws based on Victorian values. Instead, it writes into law the illiberal and priggish prejudices of our own time.
The reformers seem to have a nasty fantasy that society is suffering an epidemic of sexual abuse, from drug-assisted date rape to paedophile “grooming”. When they talk about “protecting vulnerable people”, they have just about everybody in mind as a potential victim. They have dreamt up a law to cover every imaginable type of interpersonal abuse.
Because the Government imagines that there must be thousands of sex criminals walking around at liberty, it has altered the law on consent with the explicit aim of convicting more men of such serious crimes as rape on the basis of less evidence. The view of women inherent in the new law on consent is equally stereotypical. As Barbara Hewson, a barrister, argues: “It assumes that women are frail creatures, who must be protected from sex and can’t be trusted to make their own wishes clear.”
SOME of us might innocently have thought that there were already plenty of laws against the sexual abuse of children. Yet the Sexual Offences Act manages to invent several more such crimes, notably the offence of paedophiles “grooming” young people on the internet. In Whitehall’s worldview, that few such cases have ever come to light is simply proof that there must be a “hidden” crime wave. As David Blunkett made clear in welcoming the new law, the wonders of the internet are little more than a stream of “vile and degrading material” and an easy way for perverts to get at “vulnerable people and the young”.
Even the practice of underage teenagers fumbling with one another is now officially a sex crime. However, the Home Office has made clear that it does not want such heavy petting cases brought to court. Instead, the new law is apparently intended to send young people a “message” about right and wrong. What the actual message of such a confused measure might be is anybody’s guess.
Unabashed, the Sexual Offences Act continues its awkward fumble through layer after layer of legal definitions, leaving its fingerprints all over places they had no business to go. It is now written into law, for example, that a silly young teacher who falls in love with a sixth-former must marry the pupil before sex if she/he hopes to avoid jail. There are detailed provisions specifically prohibiting everything from “inciting a child family member to engage in sexual activity ” and “engaging in sexual activity in the presence of a person with a mental disorder impeding choice”, to “intercourse with an animal” and even “sexual penetration of a corpse”.
This legislation captures a misanthropic outlook in which intimacy is always dangerous and nobody can be trusted with anybody else. In this lowlife judgment on human sexuality, we are all assumed to be potentially vile or vulnerable, and probably both. In which case, we need the State to act as a legal chaperone from cradle to grave.
Since nobody wants to be seen as a defender of “perverts’ rights”, the only criticism of this authoritarian law has come from zealots insisting that it does not go far enough. No doubt they have a point. After all, it is all very well outlawing sex with “a living animal” or “a dead person”. But what about protecting dead animals from non-consensual touching and grooming?
Join the Debate at comment@thetimes.co.uk
Industry sectors news at a glance. Interactive heatmap, video and podcast
Get ready for the winter sports season, with our resort guides and snow reports
We are backing British business, what is the confidence of the nation and what businesses are succeeding?
Growing demand for energy, oil that is harder to reach and the rise of carbon dioxide emissions. We examine the energy challenge
In this special section we explore new food trends to help improve your dinner party and impress guests
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
1998
£47,955
2004
£56,950
Essex
Check your free Experian credit report before applying
Car Insurance
From £44,589
HM PRISON SERVICE
Nationwide
Competitive
Hickman and Rose
London
Romulus Construction Limited
London
£100,000
Home Office
Liverpool
Moments from Battersea Park.
For sale with Winkworth
Find out about shared ownership.
See your free Experian credit report beforehand
Pay for an interior and receive a free upgrade to a balcony stateroom + up to $200 Free Onboard Spend!
Get covered on your travels with a superb range of policies at great prices. Visit InsureandGo.com
Wintersun - inspiration for your winter holiday
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Milkround
Copyright 2010 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.