New legislation on sexual offences and trafficking moves a step closer

Justice Minister Naomi Long MLA today took steps to further strengthen existing law and introduce new offences to tackle sexual offending in Northern Ireland.

Moving the Justice (Sexual Offences and Trafficking Victims) Bill to Consideration Stage in the NI Assembly, Minister Long said: “Since my appointment as Justice Minister, I have made it my priority to legislate to protect the most vulnerable victims.

"Having already brought forward significant new safeguards in the Domestic Abuse and Civil Proceedings Act 2021 and in the Protection from Stalking Bill, the moving of this Bill today represents another important step in delivering a legislative programme that will make our communities safer and provide additional support to victims who have suffered abuse and exploitation.”

The Justice (Sexual Offences and Trafficking Victims) Bill has two core aims:

• to enhance public safety by implementing certain elements of the Report of the Gillen review of serious sexual offence cases and from a review of the law on child sexual exploitation and sexual offences against children; and
• to improve services for victims of trafficking and exploitation. 

Naomi Long continued: “This Bill includes provisions to address a number of issues that have been prioritised to have the most impact on the experiences of victims; including measures to exclude the public from all serious sexual offence hearings the creation of a new offence of adults masquerading as children online and a new offence of up-skirting and down blousing.

“These provisions have been further strengthened by the addition of a number of new provisions to the Bill to abolish what is known as the rough sex defence; extend existing provisions relating to the publication of private sexual images to include a threat of publication; to widen the scope and strengthen the current law on abuse of a position of trust of a child; and to create a new offence of non-fatal strangulation.

“Taken collectively, the provisions that were included in the Bill at Introduction, together with these valuable new additions, will provide further protections for the most vulnerable in our community. I am grateful to the Justice Committee who have completed their scrutiny of the Bill and I look forward to working with my Assembly colleagues to ensure the provisions of this Bill are enacted this mandate.”

Notes to editors: 

Notes for Editors:

1.  The Justice (Sexual Offences and Trafficking Victims) Bill was introduced to the Assembly on 5 July 2021. 

2.  The Bill is made up of 4 Parts, with 22 clauses and 3 Schedules.

3.  The full list of provisions that were contained in the Bill at Introduction is as follows:

i.Provisions arising from the Gillen review, which include;

1. exclusion of public from all serious sexual offence hearings;
2. anonymity for defendants pre-charge;
3. anonymity of complainants to continue after death; and
4. an increase in the penalty for breach of anonymity;

5. ii. Provisions arising from the outcome of a review of the law on child sexual exploitation and sexual offences against children to;

6. replace legislative references to ‘child prostitution’ and ‘child pornography’;
7. include live streamed images in the definition of exploitation for sexual purposes; and
8. create a new offence of adults masquerading as children online.

9. iii. Provisions to create a new offence of up skirting and down blousing;

   iv. Adjustments to include the offence of abduction of children in care to Sexual Offences Prevention Order (SOPO) arrangements:

   v.  Adjustments to dis-apply time limits for complaints under Violent Offences Prevention Order (VOPO) arrangements; and

   vi. Amendments to modern slavery provisions in the Northern Ireland Human Trafficking Act to extend support to victims of slavery, servitude and forced or compulsory labour; and to remove the statutory requirement to produce an annual Modern Slavery Strategy;

   4.  The list of new provisions that have been added to the Bill is as follows:

   i.  An extension of the provisions arising from the Gillen review relating to exclusion of public from all serious sexual offence hearings to include the Court of Appeal;

   ii. An increase to the scope of the existing offences relating to abuse of position of trust of a child to include faith and sports settings; 

   iii. Extension of the scope of the existing offence of disclosure of private sexual photographs and films to bring threats to disclose within scope;

   iv. Abolition of the so called ‘rough sex’ defence;  and

   v.  The creation of a new offence of non-fatal strangulation

   5.  Copies of the Bill and Explanatory Notes can be accessed at the Northern Ireland Assembly web-site.

   For media enquiries please contact DoJ Press Office by email: press.office@justice-ni.gov.uk

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   6.  The Executive Information Service operates an out of hours service for media enquiries only between 1800hrs and 0800hrs Monday to Friday and at weekends and public holidays. The duty press officer can be contacted on 028 9037 8110.

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