Close the gap in the law and protect older teens
In Wales, as it is in England, under the offence of Abuse of Position of Trust of a Sexual Nature, it is a crime for an adult working in a position of trust to have sex with a child aged 16 or 17 in their care. But it only covers adults working in education, health, care or youth justice
Here, Cecile Gwilym, of NSPCC Cymru, explains the need to close a legal loophole that currently means that 16- and 17-year-olds in Wales are not legally protected from the sexual advances of adults in a position of trust in settings such as sports clubs, but are in settings such as schools
AS IT stands, 16- and 17-year olds in Wales are not legally protected from the sexual advances of adults who are in a position of trust to look after them in a host of day-to-day settings.
It’s difficult to believe that a gaping loophole in the law exists, which means that sports coaches, faith leaders and cadet leaders are legally allowed to have sex with teenagers in their care.
There are young people in Wales who have been abused in this way, by an adult who has used their influence to groom a child before legally having sex with them when they turn 16.
The impact can be devastating, and this abuse of power cannot be allowed to continue, which is why NSPCC Cymru is pushing hard in its demands for the UK Government to close this loophole in the law.
It’s likely that parents across Wales, and understandably so, will think that their children are protected by the law in all of their extracurricular settings when an adult is entrusted with their care.
But that’s not the case.
In Wales, as it is in England, under the offence of Abuse of Position of Trust of a Sexual Nature, it is a crime for an adult working in a position of trust to have sex with a child aged 16 or 17 in their care. But it only covers adults working in education, health, care or youth justice.
This means it is a crime for teachers and social workers, but not for adults supervising children of this age in other settings, even if the adult has a significant level of power, responsibility and influence over the child, such as driving instructors and youth workers. It makes no sense.
While the vast majority of people in a position of trust are responsible and only want to help young people enjoy their favourite hobbies, practise their faith or pass an exam, there is unfortunately a minority willing to push the boundaries.
Until changes are made to the law they will continue to manipulate and take advantage of young people in their care, using their roles to groom children before sexually abusing them when they turn 16, in the knowledge that there are no legal ramifications for their actions.
The UK Government backtracked on plans to close this legal loophole in 2018 and this can’t be allowed to happen again, which is why the NSPCC has spent the past two years campaigning for change through its Close the Loophole campaign.
In just two weeks an NSPCC petition was signed by 4,420 people to try to close this law, and there is mounting pressure from sports clubs, unions and MPs.
The law must make it clear that sexual abuse is never okay, and the charity’s calls are being backed by Welsh Rugby Union, British Gymnastics and UK Athletics. As the former national coach for Squash Wales, Christina Rees, MP for Neath, has also been a long-time supporter of the campaign.
Adults are being allowed to manipulate children’s ambitions and dreams and we know there are hundreds of young people who have been targeted in this way, but the numbers are likely to be a lot higher because many cases go unreported. Young people are being left at risk of being exploited by adults they trust, and the lifelong damage this can cause cannot be underestimated.
With a review into the Positions of Trust law due to be released this week by the Ministry of Justice, it is a significant moment for those who have been affected and safeguarding experts to be listened to.
It’s abundantly clear that it is wrong for adults to behave in this way, waiting for children in their care to turn 16 before abusing them.
The problem isn’t going away until the UK Government steps up, takes action and rectifies this problem. It needs to be decisive in its action to tighten up the hole in the legislation.
Closing this gap and bringing the legislation for other settings in line with the teaching profession will protect teenagers from being preyed upon as soon as they turn 16, and make it crystal-clear about what behaviour is acceptable for adults in a position of trust.
■ Cecile Gwilym is policy and public affairs manager, NSPCC Cymru
■ Adults concerned about a child can contact the NSPCC helpline seven days a week on 0808 800 5000, or email help@nspcc.org.uk
■ Children can call Childline on 0800 11 11 or visit www.childline.org.uk 365 days a year