Protecting Children from the Risk of Harm

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Recommended: Legal ethics in law

The broad principles of justice, equality and social responsibility can raise much debate, especially when discussed in the pathway of ‘Protecting Children from the Risk of Harm? A Critical Appraisal of the Legal and Social Challenges posed by the Misconceptions of Sexual Offences against Children.’ With technology advancing at such a rapid pace, with it comes the difficulties for society as a whole to protect vulnerable children from predators.

Justice

Former Lord Chancellor Kenneth Clarke wrote, “Access to Justice is the hallmark of a civilized society.” From a Legal stance the law when relating to child grooming was almost inaccessible before The Sexual Offences Act 2003 . Before the SOA 2003, courts were directed towards the s.1 (1) Criminal Attempts Act 1981 where an attempt had to be committed. They also focused on sexual indecency through s.1 (1) Indecency with Children Act 1960 that is now repealed. The clear issue with these acts was grooming wasn’t on their radar, it only focused on if a sexual attempt was made. Cases such as R v Rowley in which propositions were made but there was no physical act so the defendant was acquitted; and R v Geddes , where there was full intention as the defendant was caught with tape, knife and other paraphernalia in his rucksack, however since there was no attempt the evidence was insufficient to convict. It was cases as above-mentioned that (then) Home Secretary David Blunket stated, “prior to the new offences under the SOA, the law on sex offences… was archaic and incoherent.” The 2003 Act created s. 15 with had amendments made by the Criminal and Immigration Act 2008 to provide more protection for children. As R v G pointed out, ”the aim of the statute is to penalize those...

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...ger”.

In conclusion, I believe a better understanding of the principles justice, equality and social responsibility but not just limited to these three principles can be greatly beneficial for society as a collective to fight back against children at risk of harm in cases of child grooming.

BIBLIOGRAPHY

PRIMARY

R v G & R [2003] 3 WLR

R v Geddes [1996] Crim. L.R 895

R v Rowley, [1991] 4 All ER 649

Criminal Attempts Act 1981 s. 1(1)

Indecency with Children Act 1960 s. 1(1)

Sexual Offences Act 2003 s. 15(1)(a)

SECONDARY

Aristotle (excerpt)

Beauvoir (excerpt)

Hansard HL, 13th Feb 2003, Column 804, available at: http://www.publications.parliament.uk/pa/ld200203/ldhansrd/vo030213/text/30213-02.htm

Home Secretary David Blunket (excerpt)

John Stuart Mill (excerpt)

Karl Marx (excerpt)

Lord Chancellor Kenneth Clarke (excerpt)

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