Sex Crime

229 Pages·2013·4.563 MB·English

by  Thomas, Terry

CRIME AND SOCIETY SERIES
SEX CRIME
SEX OFFENDING AND SOCIETY
SECOND EDITION
TERRY THOMAS
WILLAN
PUBLISHING
Sex Crime
Sex Crime
Sex offending and society
Second edition
Terry Thomas
WILLAN
PUBLISHING
Published by
Willan Publishing
Culmcott House
Mill Street, Uffculme
Cullompton, Devon
EX15 3AT, UK
Tel: [phone]
Fax: [phone]
e-mail: [email protected]
website: www.willanpublishing.co.uk
Published simultaneously in the USA and Canada by
Willan Publishing
c/o ISBS, 920 NE 58th Ave, Suite 300,
Portland, Oregon 97213-3786, USA
Tel: [phone]
Fax: [phone]
e-mail: [email protected]
website: www.isbs.com
© Terry Thomas 2005
The rights of Terry Thomas to be identified as the author of this book have been
asserted by him in accordance with the Copyright, Designs and Patents Act of 1988.
All rights reserved; no part of this publication may be reproduced, stored in a retrieval
system, or transmitted in any form or by any means, electronic, mechanical,
photocopying, recording or otherwise without the prior written permission of the
Publishers or a licence permitting copying in the UK issued by the Copyright Licensing
Agency Ltd, 90 Tottenham Court Road, London W1P 9HE.
First edition 2000
Second edition 2005
ISBN 1-84392-105-7
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Typeset by GCS, Leighton Buzzard, Bedfordshire, LU7 1AR
Project managed by Deer Park Productions, Tavistock, Devon
Printed and bound by T.J. International Ltd, Trecerus Industrial Estate, Padstow,
Cornwall
Contents
Preface to the second edition ix
Tables of statutes, statutory instruments and cases cited xi
Sources cited xv
List of figures and tables xvii
1 Introduction 1
Forms of sex offending 4
The law 6
Consent 8
The private and the public 12
Dangerousness and risk 14
Present approaches 16
2 The sex offender'problem'-and responses 18
Popular explanations and responses 19
'Expert' explanations and responses 28
Summary 38
3 Social responses to the sex offender: a historical
perspective 39
Pre-industrial times to 1800 39
1800 to 1900 42
1900 to 1970 52
Summary 59
Sex Crime
4 Policing sex offenders 60
Local policing 60
National policing 71
International policing 74
The Forensic Science Service 77
Summary 79
5 The search for justice - at court 81
Prosecuting 81
The court hearing 84
Children's evidence 87
Reports to court 89
Sentencing 90
Summary 95
6 The search for justice - punishment or treatment? 96
Community sentences 96
Custodial sentences 101
Post-custodial supervision 104
Indeterminate sentences 118
Summary 122
7 Protection in the home 123
Children and young people 123
Child prostitution 127
Women and adults 129
Summary 132
8 Protection in 'care' settings 134
The institutional settings 134
The pre-employment screening of child care workers 141
Summary 152
9 Protection in the community 153
The sex offender 'register' 153
Multi-agency Public Protection Panels 167
The sex offender order 169
The restraining order 170
The sexual offences prevention order 171
The foreign travel order 171
The notification order 171
vi
Contents
The risk of sexual harm order 172
Summary 172
10 Conclusions 173
Risk and dangerousness revisited 173
The central role of personal information 175
The rights of the sex offender 177
An international problem 179
References 181
Index 202
Preface to second edition
Legal and policy developments towards sexual offending have
continued at a formidable speed since this book first appeared. The law
on sexual offending has been completely reviewed and a new Sexual
Offences Act received its Royal Assent in November 2003; new laws on
domestic violence are also expected. A new centralised form of screening
workers who will have access to children has been introduced with the
Criminal Records Bureau and new multi-agency arrangements created
to monitor the 'dangerous' person in the community. New measures
have been introduced to tackle Internet sexual crime and in particular
the dissemination of child pornography, and new laws put in place to
target the 'chatroom' men who 'groom' children for sexual purposes. On
the international front new laws have arisen to deal with the cross­
frontier 'trafficking' of women and children for purposes of prostitution.
All these developments suggested that a second edition of Sex Crime
would be appropriate to bring the story up to date. The first six chapters
remain as in the first edition with appropriate amendments and
additions as required. The second three chapters have involved a
restructuring to reflect the 'protection' aims of laws and policies. In
broad terms the book now covers the criminal justice approaches to
sexual offending (Chapters 4-6) and the civil processes towards greater
protection from sexual offending (Chapters 7-9).
General thanks are due to Angela Grier, Jane Gilgan, Eric Janus and
Bill Hebenton (again) and to Sheila Milner for word-processing. Special
thanks to Lennie for help with the reading of newspapers, and to Jim
Wilson for healthy diversion at the 'Drones'.
Terry Thomas
Leeds
ix
Tables of statutes, statutory instruments
and cases cited
Statutes cited from 1800
Adoption and Children Act 2002 132
Bail Act 1976 70,84,85
Care Standards Act 2000 149
Children Act 1908 56, 57
Children Act 1948 59
Children Act 1989 70,124,131,132,136,139
Children (Scotland) Act 1995 8, 70,124,127,131
Children and Young Persons Act 1933 8,57,107,108
Children and Young Persons Act 1963 59
Children and Young Persons Act 1969 59, 98
Children and Young Persons (Scotland) Act 1937 107,112
Children and Young Persons (Northern Ireland) Act 1968 8,107,115
Civic Government (Scotland) Act 1982 7
County Asylum Act 1808 43
Crime and Disorder Act 1998 7, 71, 93,94, 98,105,117,170
Crime and Punishment (Scotland) Act 1997 78,101,106
Crime (Sentences) Act 1997 94,106
Criminal Attempts Act 1981 7
Criminal Evidence (Amendment) Act 1997 78
Criminal Justice Act 1948 55
Criminal Justice Act 1967 55,56
Criminal Justice Act 1988 63, 84, 86, 87, 88,92,109
Criminal Justice Act 1991 6, 7, 55, 88, 93, 94,97,101,105,117
Criminal Justice Act 2003 79,94,121,151-2,168-9,171,177
Sex Crime
Criminal Justice and Court Services Act 2000 98,117,151,162,168,170
Criminal Justice and Public Order Act 1994 7,9,14, 77, 84, 87,107
Criminal Law Act 1977 7
Criminal Law (Amendment) Act 1885 49, 50,113,114
Criminal Law (Consolidation) (Scotland) Act 1995 112
Criminal Procedure (Scotland) Act 1995 6, 7, 77, 85, 98,107
Customs and Excise Management Act 1979 7
Data Protection Act 1998 72,177
Domestic Proceedings and Magistrates' Courts Act 1978 130
Domestic Violence and Matrimonial Proceedings Act 1976 130
Family Law Act 1996 131
Habitual Criminals Act 1869 47,48
Homelessness Act 2002 132
Housing Act 1996 132
Housing (Homeless Persons) Act 1977 130,131,132
Human Rights Act 1998 14
Incest and Related Offences (Scotland) Act 1986 53
Infant Life (Preservation) Act 1929 108
Infanticide Act 1938 108
Lunacy Act 1890 51, 57
Mental Deficiency Act 1913 57
Mental Health Act 1959 7, 57
Mental Health Act 1983 29, 30, 58,118,119,121
Mental Health (Scotland) Act 1984 58,119
Metropolitan Police Act 1829 43
Nationality, Immigration and Asylum Act 2002 75
Obscene Publications Act 1857 44
Offences Against the Person Act 1861 12,108,113
Penal Servitude Act 1853 46
Penal Servitude Act 1864 47
Police Act 1997 147
Police and Criminal Evidence Act 1984 63, 69, 70, 77
Prevention of Crimes Act 1871 48
Prevention of Crimes Act 1908 54
Prevention of Cruelty to Children Act 1889 48
Prevention of Cruelty to Children Act 1894 48
Probation of Offenders Act 1907 54
Prosecution of Offences Act 1985 81
Protection from Harassment Act 1997 132
Protection of Children Act 1978 7,109
Protection of Children Act 1999 148
Public Health Act 1936 57
xii