Nearly 20 years after the initial positions of trust offences came into force, the Police, Crime, Sentencing and Court Bill has been officially passed by the government. The Bill extends ‘position of trust’ offences within the Sexual Offences Act 2003.
This change represents an important step forward for the safeguarding of children as it extends the law which makes it illegal for those in positions of trust to engage in sexual activity with anyone under the age of 18. Since the Sexual Offences Act 2003, it has been illegal for those in positions of trust to enter into any sexual activity with anyone under 18 who is in their care. This law covered people such as school teachers and social workers but created a loophole by which sports coaches and faith leaders were allowed to engage in sexual activity with 16 and 17 year olds in their care. The NSPCC has campaigned since 2017 to ‘Close the Loophole’.
The changes will come into force through the creation of s.22A of the Sexual Offences Act 2003. The positions of trust will be defined by reference to an activity that A is carrying out in relation to B (coaching, training, teaching, supervising or instructing); there will be a requirement that it is on a regular basis and a knowledge requirement that A knows they are carrying out the activity in relation to B.
Sadly, there will remain some safeguarding inconsistencies as those activities that are considered to be art, such as ballet, or entertainment, acting and wrestling, will continue to be excluded from the extended positions of trust laws. We know that there have been victims of abuse in the world of ballet including the case of Yat-Sen Chang who was convicted of sexually assaulting four of his female students when they were aged between 16 and 19 years old.
The government expressed the difficulty that has come with striking the ‘sensitive balance between the protection of young people’ and ‘not infringing upon on the sexual rights and freedoms of those over the age of 16’.
In light of this legislative change, we strongly recommend that sporting organisations now review their safeguarding policies and code of conducts and communicate these important changes internally. Consider also how your organisation will train those with safeguarding responsibilities and how you will educate the young people in your environment to ensure that they understand this important protection and of the steps to take if they have concerns.
For further support and assistance please contact our safeguarding lead, Lydia Edgar, or your usual contact within the our Sport Sector Team.
