NIACRO’S RESPONSE TO NIO CONSULTATION PAPER

Reforming the Law on Sexual Offences in Northern Ireland:

                             October 2006

1.         Introduction

NIACRO, the Northern Ireland Association for the Care and Resettlement of Offenders, is a voluntary organisation, working for 35 years to reduce crime and its impact on people and communities.  NIACRO provides services under the headings of: promoting safer communities; working with children and young people who offend; providing services to families and children of offenders; supporting offenders and ex-prisoners in the community; working with prisoners. 

 NIACRO works in partnership with all the main criminal justice agencies in Northern Ireland. 

 We welcome the opportunity to respond to the NIO consultation document “Reforming the Law on Sexual Offences in Northern Ireland”.

 NIACRO.has over 30 years experience in working with Adult and Youth Offenders, Prisoners Families and local Communities. The services provided by the organisation are available to individuals irrespective of offence type however we recognise the particular difficulties associated with working and supporting individuals who have sexual offences and in this regard the organisation has made every effort to develop appropriate links with relevant statutory agencies as contribution towards a multi agency risk management process.

Our experience in working with Families of Offenders clearly demonstrates the far reaching impact and consequences of actions by the Offender on the wider family unit. This is of particular concern when the offence is a sexual offence often resulting in significant pressures by local communities and the media.

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NIACRO sees this move to reform outdated legislation as crucial in ensuring “ a fair and non- discriminatory body of law” and in developing trust and confidence of the public in the Criminal Justice system as a whole. As a general principle NIACRO accepts the need for stricter sentences for serious crimes against the person but would continue to advocate that the use of custodial sentences should reflect the seriousness of the offence and that more diversionary/treatment model should be applied for less serious offences and particularly for young people. 

Acknowledging the significant and detailed/comprehensive work undertaken in preparation of this document and accepting the extent of legal opinion for such NIACRO wish to make comment on 6 specific areas of concern. These are addressed within the consultation headings:

2.Rape & Sexual Assault

NIACRO supports the stated proposals and specifically that of broadening the definition and applying in a fully gender neutral context. The introduction of a new offence of sexual assault is accepted and the move to define consent within a statutory context is recognised as providing greater clarity for both victim & perpetrator.

3.Children

It is within this section of the paper that NIACRO seeks to make most comment.

3.1As stated previously NIACRO believes that the determination of sentence should match the seriousness of the crime. This is particularly prevalent in the case of children and young people.

NIACRO would strongly advocate that the needs and circumstances of the young person is taken into consideration and that a supportive treatment model is utilised as early as possible before any attempt to criminalise occurs.

Those under 18 are already dealt with through a different support system and this should continue to be the case.

3.2       The issue of age differentials is particularly concerning. The complex lives of many young people particularly those who do not have stability in home circumstances combined with difficulties in differentiating between the exploratory nature of activities and offending behaviour creates particular difficulties in implementing strict legislation on age. This structure has been applied in the South of Ireland where difficulties in implementation of specific criminal laws for children/young people have been experienced. NIACRO would advocate that as far as is possible children and young people should be kept out of the Criminal Justice system.

4.         Vulnerable People

4.1       NIACRO questions the need for specific laws in relation to issues of mental disorder or learning disabilities. Sufficient law is available. The issue of concern is however how such law is applied equally and the ability/capacity of such individuals to access the law and e.g. the police.

4.2       Social Services provide an appropriate definition of care workers that should be utilised.

4.3       The definition of Vulnerable people as described is too narrow. This should be extended to include other groups e.g. the elderly with proposed sentences extended to encompass care workers of other relevant groups.

5.         Sexual Abuse of Children Within the Family

5.1       The change to family structures and norms must be recognised within the new proposals. Whilst NIACRO strongly advocates child protection caution must be taken when dealing with cases involving non – blood related siblings. The crucial factor in this regard is that of “care” otherwise the points stated in 3.1 should be reinforced.

6.          Other Offences

6.1       NIACRO strongly supports the updating of legislation which provides protection to prostitutes and penalises those who solicit.  

7.         Conclusion

NIACRO welcomes and supports the updating of legislation for Sexual Offences in Northern Ireland.

Whilst not responding in full to the questions raised within the consultation document NIACRO hopes that the key principals and points included in this brief response are a useful contribution in this debate and would welcome a further engagement to elaborate on the points made.

12^th October 2006