Dear Nick Gibb MP
15th May 15, 2009
I write further in response received from the Parliamentary under Secretarty of State for the Ministry of Justice, regarding our group ‘Breaking the Silence on Child Abuse, Let’s Stop it now’ and our proposals to tackle child abuse.
I have studied Ms Maria Eagle MP’s response, and wish to come back and raise a few points regarding the Justice system as you so kindly offered.
We welcome the change in the law so all those accountable in a case such as discribed below, will be charged. Ms Maria Eagle MP wrote;
“That is why we introduced sections 5 and 6 of the Domestic Violence Crime and Victims Act 2004. Those sections create an offence of causing or allowing the death of a child or vulnerable adult, and deal with related procedural issues.
The offence was intended to deal with cases where one member of the household kills a child or vulnerable adult, but it is not clear which member caused the death. All the members of the household were aware of the risk but did not take reasonable steps to prevent the death. The members of the household either blame each other, or choose to remain silent about who caused the death”.
“An indeterminate sentence for public protection (IPP) is available for the most serious cases; these sentences ensure that serious offenders will not be released from prison unless their level of risk to the public is assessed by the parole board as manageable in the community. If the level of risk cannot be assessed as manageable, they will not be released. An extended sentence (EPP) is available for other specified violent or sexual offences. In such cases, the court has to determine where the offender is dangerous to the extent that he is likely to cause serious harm to the public through the commission of a sexual or violent offence. IPP sentences can be given for a broad range of the most serious offences including rape, intercourse with a child under 13, sexual assault of a child under 13 and meeting a child following sexual grooming. An offence such as possession of an indecent photograph of a child may attract an extended sentence”.
We would enquire, ‘How often is IPP and EPP used’?
‘Why is a child’s life not as valued as a police officer’?
I see murder prison terms but what of the others, sexual abuse is the worst and most vile and henious crime to a child that an adult can commit, Just a couple of weeks back two paedophiles where let out of prison having served their sentence, the two sex offenders lived together, and went on to hurt two 14 year old boys another 4 children, who have now been left with their lives ruined!.
SERIOUS SEXUAL OFFENCES OFFENCE MAXIMUM PENALTY
Rape (section 1 of the Sexual Offences Act 2003) Life
Assault by penetration (section 2 of the Sexual Offences Act 2003) Life
Sexual assault (section 3 of the Sexual Offences Act 2003) 10 years
Causing a person to engage in sexual activity without consent (section 4
of the Sexual Offences Act 2003) 10 years
Rape of a child under 13 (section 5 of the Sexual Offences Act 2003) Life
Assault of a child under 13 by penetration (section 6 of the Sexual
Offences Act 2003) Life
Sexual assault of a child under 13 (section 7 of the Sexual Offences Act
2003) 14 years
Causing or inciting a child under 13 to engage in sexual activity (section 8
of the Sexual Offences Act 2003) 14 years
Sexual activity with a child (section 9 of the Sexual Offences Act 2003) 14 years.
Causing or inciting a child to engage in sexual activity (section 10 of the
Sexual Offences Act 2003) 14 years
Engaging in sexual activity in the presence of a child (section 11 of the
Sexual Offences Act 2003) 10 years
Causing a child to watch a sexual act (section 12 of the Sexual Offences
Act 2003) 10 years
Arranging or facilitating commission of a child sex offence (section 14 of
the Sexual Offences Act 2003) 14 years
Meeting a child following sexual grooming etc. (section 15 of the Sexual
Offences Act 2003) 10 years
Sexual activity with a child family member (section 25 of the Sexual
Offences Act 2003) 14 years (offender aged 18 or over) 5 years (offender
under 18)
Inciting a child family member to engage in sexual activity (section 26 of
the Sexual Offences Act 2003) 14 years (offender aged 18 or over) 5 years (offender under 18)
Sexual activity with a person with a mental disorder impeding choice
(section 30 of the Sexual Offences Act 2003) 14 years
Causing or inciting a person with a mental disorder impeding choice to
engage in sexual activity (section 31 of the Sexual Offences Act 2003) 14 years
Engaging in sexual activity in the presence of a person with a mental
disorder impeding choice (section 32 of the Sexual Offences Act 2003) 10 years
Causing a person with a mental disorder impeding choice to watch a
sexual act (section 33 of the Sexual Offences Act 2003) 10 years
Inducement, threat or deception to procure sexual activity with a person
with a mental disorder (section 34 of the Sexual Offences Act 2003) 14 years
Causing a person with a mental disorder to engage in or agree to engage
in sexual activity by inducement, threat or deception (section 35 of the
Sexual Offences Act 2003) 14 years
Engaging in sexual activity in the presence, procured by inducement, threat
or deception, of a person with a mental disorder (section 36 of the Sexual
Offences Act 2003) 10 years
Causing a person with a mental disorder to watch a sexual act by
inducement, threat or deception (section 37 of the Sexual Offences Act
2003) 10 years
Care workers: sexual activity with a person with a mental disorder (section
38 of the Sexual Offences Act 2003) 10 years
Care workers: causing or inciting sexual activity (section 39 of the Sexual
Offences Act 2003) 10 years.
Paying for sexual services of a child (section 47 of the Sexual Offences Act
2003) ONLY A SERIOUS OFFENCE IF THE CHILD IS UNDER 16 Life (child under 13 and the offence involves penetration) 14 years (child under 16)
Causing or inciting child prostitution or pornography (section 48 of the
Sexual Offences Act 2003) 14 years
Controlling a child prostitute or a child involved in pornography (section
49 of the Sexual Offences Act 2003) 14 years
Arranging or facilitating child prostitution or pornography (section 50 of the
Sexual Offences Act 2003) 14 years
Trafficking into the UK for sexual exploitation (section 57 of the Sexual
Offences Act 2003) 14 years
Trafficking within the UK for sexual exploitation (section 58 of the Sexual
Offences Act 2003) 14 years
Trafficking out of the UK for sexual exploitation (section 59 of the Sexual
Offences Act 2003) 14 years
Administering a substance with intent (section 61 of the Sexual Offences
Act 2003) 10 years
Committing an offence with intent to commit a sexual offence (section
62 of the Sexual Offences Act 2003) 10 years
Trespass with intent to commit a sexual offence (section 63 of the Sexual
There are many more examples around the subject of Childhood Sexual Abuse. I will not print out the entire list.
If I may ask, we have some questions, regarding some of the prison terms and how we disagree on what is ‘Justice for a child’. They will suffer for the rest of their lives, yet the sentence does not in any way reflect the seriousness of the crime against them.
Why is the sentence more severe if the child is under 13yrs? than if they are 14 or 15yrs? Where does anyone say it is less traumatic for a 14 yr old to be sexually abused than it is for a 13yr old? They are still vunerable children until they reach 16yrs and should be treated accordingly.
This basically tells pedophiles to pick victims of 14yrs to get a lesser sentence? Yet the child is still damaged beyond comprehension regardless of their age!
We want to know, how the Judicial System decides what age to change the sentences? Why it is less the older the victim is, the lesser the sentence? Does it not damage in the same way?
Does anyone who sits on these parole boards for pedophiles actually know the lifelong damage abuse causes? Who are they to decide if the pedophile is a danger or not? After all we all know how good pedophiles are at lying and covering up! They are masters at it and can convince almost anyone that they won't re-offend. But 6 months outside of prison, they most probably will!!
I find it hard to work out how Incest in the UK Guidelines for example can be 10 years; where as the Rape of a Child, less than 13 years can mean Life? Are both offences not indeed Rape?
Causing or Inciting a Person with a Mental Disorder Impeding choice to Engage in Sexual Activity 14 years. Does any child have a choice when they are raped? Are they not impeded from stopping the act by their age? Be that 13 or 14 years old?
Rape of any child no matter what the relationship of the perpetrator is rape. Is it not in fact worse when the perpetrator knows the child, even worse when it is a parent and as such is in a position of trust? Yet this crime is not even on a level playing field with other forms of rape, we simply do not understand.
Hundreds of adult sex offenders are being let off with a caution, it has been revealed. Official figures showed more than 200 paedophiles who admitted having sexual activity with children aged under 13 years of age were cautioned by police.
The most recent figures showed less than half of those who admitted or were convicted of such offences were jailed. The Tories said the statistics showed "lax" sentencing standards.
But the Ministry of Justice said it was not always right to make children give evidence at trial, and offenders given cautions would still have to sign the sex offenders register. Irrelevant, all it does is give them the go ahead to do it again and damage yet another child for life! ALL paedophiles should receive a custodial sentence, a young girl of 4yrs recently gave evidence of Sexual abuse at the Old Bailey in London, and a conviction was obtained!
Between 2004 and 2007 some 229 sex offenders were given cautions for sexual activity with a child under 13, a category of offence which includes child rape and child prostitution.
In 2007, less than half those who admitted or were convicted of such an offence were jailed. A third were cautioned and a fifth were given a community or suspended sentence?
Shadow justice secretary Dominic Grieve said: "Ministers regularly make loud announcements about cracking down on paedophiles.
"Yet these figures show that, with 30% getting off with a slap on the wrist, law enforcement is at its most lax in protecting the most vulnerable."
A Ministry of Justice spokesman said it was not always appropriate to make young victims go through the "trauma" of a trial.
The consequence of above; The first case to get widespread attention - that of Paul Reeve - highlighted how individuals cautioned for sex offences might still be cleared to work in schools. Reeve was placed on the sex offenders register after a caution from police in 2003 for accessing banned images of children on the internet.
Giving a caution to a sex offender? How is this Justice? What about the victim who has had their life destroyed by the person who violated them?
Is this not sending a clear message to sex offenders, its ok you will just get a slap wrist? Carry on hurting more victims.
How can people from outside of the EU, who are not checked, be safe to work with children? We are totally unaware, even if they are sex offenders? Is this a loop hole in our laws? That needs closing immediately!
A POLICE officer who groomed and seduced three underage girls was jailed for 4 years. Special Constable Kevin McLean, 29, used his uniform and position of trust to abuse the children aged 14 and 15. Why only 4 years? Even though you can’t comment on individual cases there are many more examples and Justice for babies and children is not being done by this government.
A minimum sentence of 3 years in prison is given for third-time domestic burglary. The maximum penalty for burglary is 14 years imprisonment. Why is there not a system like this for sex offenders?
Tanya French, 21 years of age was freed after serving just 30 months of a five-year sentence for helping Alan Webster, 42, rape a 12-week-old tot while babysitting. So burglary gets a larger sentence than helping a 12 week old baby be raped?? Where is the Justice in this? What about the Children?
The grandmother of a child killed by her daughter's boyfriend said that his 10-year jail term was not enough for the "devastation" he had caused the family. It should mean a life sentence, as he has now also been convicted for rape of a 2 yr old child!
Veronica Boyd, 43, spoke following the sentencing of Robert Cunningham, who was convicted of the culpable homicide of 23-month-old Brandon Muir by assaulting him in Dundee last year. At the High Court in Glasgow, Cunningham was told he must spend 10 years in jail for the attack which ruptured the child's internal organs.
Brandon died from a ruptured intestine following the attack at Boyd's, Balunie Crescent flat on March 15 last year. Cunningham had been living with his girlfriend and Brandon for just 18 days.
Sentencing is a matter for the Judiciary and for ministers or officials to comment would undermine the fundamental principle that the Judiciary are INDEPENDANT OF THE GOVERNMENT.
We do have over 2 1/2 million people from different groups joined together and we now speak on their behalf. I am sure you can see feelings are running very high.
A documentary was on the television a few weeks ago, it was about sex offenders/paedophiles and how America deals with these people after they had finished their prison term. They where put into Coalinga Mental Hospital in America. The offenders are offered treatment, 70% refused, stating they will only take the therapy if it guarantees they can leave after they complete it. Does this not show you how very clever and cunning a paedophile is? The hospital only released 13 offenders back into the community in the last ten years. The reason the rest, where still a risk to children. Does this not teach the UK our laws do not fit the crime, children are in danger.
How does the parole board decide if a paedophile is allowed back into the community? What sort of tests and who are the experts on the board who say you are no longer a danger to children? Why are so many sex offenders leaving prison having done only a part of their sentence and doing the exact same thing to another child? Why is life not life? As soon as they touch a child or baby they cross the line and these people take away all human rights of the child, so why not take away the human rights of the abuser. Why are the prison terms so lenient in cases of child abuse?
The victim is getting the longer sentence, why is something not being done to make our children and communities safer? We the people wish for action now, change the laws to make the sentence fit the crime. A life for a life, abuse of a child or baby gives them a life of so much pain and sorrow. Let Justice be done for all those victims who are still being abused as we speak. Take a stand and make a difference.
Please help our babies and children.
Best regards
Chris Grant
‘Breaking the Silence on Child Abuse, Let’s Stop it Now’
