Criminal law Essay Example | Topics and Well Written Essays - 2500 words - 2

Criminal law - Essay Example However, if the child victim is older than 13 but younger than 16 a suspect can raise the defence that the child consented to the sexual activity and he or she reasonably believed that said child was at least 16 years of age.1 Critics of the Sexual Offences Act 2003 argue that the Act goes too far by criminalizing legitimate sexual activities of children closer to age 16 and is far too strict on those who are mistaken about the child’s age. This paper examines the reality of this position by dissecting the manner in which the criminal justice system approaches cases in which offences relating to children are interpreted and disposed of. The offences contained in Section 9-12 include sexual assault, inciting children to engage in any form of sexual activity or forcing a child to watch sexual activities. Alarmingly, sexual activity with a child is defined by Section 9 as the intentional touching of ‘another person’ and that other person is under the age of 16 and the person does not reasonably believe the other person to be over the age of 16.3 The act of touching might conceivably be interpreted as sexual in nature and is a matter of fact for a jury to decide.4 In an article published in BBC’s online magazine, Giles Wilson questioned the propriety of the laws role in the age of modern sexual activity among teens. By and large, Wilson argues, the Sexual Offences Act 2003 criminalizes teen age kissing.5 Angela Phillips refers to the Sexual Offences Act 2003 as ‘the child trap’ adding that it is: When the House of Commons debated the Sexual Offences Bill a number of Representatives took issue with Section 13 as it stood, fearing that it had the impact of criminalizing what could only be described as normal activities between adolescents. In fact, Member of Parliament and Liberal Democrat Women’s Issues Spokesperson, Sandra Gidley said: Although I welcome the approach to