BMA challenges need to report sex between adults and ‘consenting’ children

Doctors should not be required to report sexual activity involving a child if they deem it ‘consensual’ — even if it involves an adult — the British Medical Association (BMA) has said.

In written evidence to MPs, the doctors’ union criticised proposals requiring doctors to report “any sexual activity” with a child under 13, or between an adult and someone under 16.

The Government’s flagship Crime and Policing Bill incorporates a new legal duty on professionals in England to report suspected child sex offences to the police or local authority.

Dissent

In evidence submitted to the Committee tasked with examining the Bill, the BMA stated: “It is common for young people under the age of 16 to be in consensual sexual relationships with people who are older (and frequently more than 2 years older) than themselves.”

The union claimed that the proposal “would prevent doctors from providing young people with confidential sexual health advice and contraceptive services”.

It also recommended that the Government exempt doctors from such a requirement, or permit them to use their discretion in reporting sexual activity where they believe “the relationship between the parties is consensual” and not “coercive”.

Unlawful

Dr Julius Parker, Deputy Chairman of the BMA’s GP Committee in England, said: “We are aware from our members that it is not exceptional for young people aged 13 to 15 to be in consensual sexual relationships with people who are older than themselves.”

Consequently, he argued, the proposals had clear “implications for GPs around consultations with young people under the age of 16 who are engaging in sexual activity”.

But a Home Office spokesman said: “Mandatory reporting will create a culture of openness and honesty rather than cover-ups and secrecy. It will empower professionals and volunteers to take prompt, decisive action to report sexual abuse.”

Under the Sexual Offences Act 2003, sexual activity involving children under 16 is unlawful.

‘Irresponsible’

The Christian Institute’s Director, Ciarán Kelly, said: “The BMA’s call for an exemption on reporting sexual activity between an adult and a child is highly irresponsible.

“The age of consent law exists because children under 16 are not capable of giving informed consent.

“It is reckless to act as if underage sex is normal and acceptable”.