The Russell Brand Scandal: Does the UK need to alter the age of consent?

Posted on 19th October 2023 by McAlister Family Law

The Russell Brand Scandal: Does the UK need to alter the age of consent?

In light of Channel 4’s recently aired ‘Dispatches’ documentary which saw a number of women make allegations against Russel Brand, there are calls from the public to amend the age of consent in the UK. Here, McAlister Family Law’s Eleanor Drury explores at what a change in the law may look like.

Channel 4’s ‘Dispatches’ documentary, saw a number of women make allegations of rape, sexual assault and emotional abuse against comedian and online personality Russell Brand, including one allegation from a woman going by the name of Alice, who discloses that she first engaged in a sexual relationship with Brand aged just 16 whilst he was in his 30’s, there are calls from the public to amend the age of consent in the UK in order to protect teenagers from engaging in unhealthy and potentially dangerous relationships with older individuals.

At present, the legal age of consent in the UK is 16. This was introduced by virtue of the Criminal Law Amendment Act 1885, to decriminalise 16 year olds who chose to engage in a sexual relationship with their peers. Despite English Law viewing anybody aged under 18 as a child, the law surrounding consent does not reflect this nor mirror the lack of autonomy given to 16 year olds in other areas such as the legal drinking, marriage, or voting age. Perhaps legislators failed to anticipate that the current law would allow for situations whereby children are able to consent to sex with adults double their age, where there is undoubtedly huge differences in status and significant power imbalances.

In the documentary, ‘Alice’ describes how Russell Brand would send cars to collect her from school and take her to his home where the pair would have sex. She claims that he became increasingly controlling, encouraging her to lie to her family and friends about their relationship and even sexually assaulted her by removing a condom without her knowledge. Research indicates that 16% of teenage girls with older boyfriends experience severe physical violence, compared to 6% of girls in a relationship with a partner of the same age. Naturally teenagers, by virtue of their age, are vulnerable and more likely to be targeted and manipulated by older individuals.

Any amendments to the law would need to be considered on a practical basis. Whilst some people are calling for it to be made illegal for anyone older than 21 to have sex with those aged between 16-18, this is arguably too restrictive and would create situations whereby a 20 year old could have a legal relationship one day, then the following day turn 21 and be open to punishment from the law. Perhaps a more workable solution would be to implement barriers within the law whereby 16 & 17 year olds can only consent to sex with somebody who is within 5 years of their age.

Age of consent varies around the world with some countries such as India, Turkey and Uganda setting 18 as the age in which a person can legally consent. In South Korea and Nepal, the age of consent is even higher; set at 20.

Whilst it is important to note that the age of consent across the world varies to reflect the traditions, religion, culture, and history of a particular country, it certainly interesting to consider if, and how, the UK might decide to vary legislation, particularly as the ‘Me Too’ movement continues to gain momentum.

If you or someone you know is affected by the issues raised in this blog post, we can provide you with expert legal advice. For more information, please get in touch with our specialist team at hello@mcalisterfamilylaw.co.uk

Daisy’s Law – New measures to recognise children born as a result of rape

Posted on 23rd March 202323rd March 2023 by McAlister Family Law

Daisy’s Law – New measures to recognise children born as a result of rape

Children born as a result of rape will officially be recognised as victims of crime and receive better support under changes announced by the Government. Here, Rubecca Rahman, McAlister Family Law Paralegal, looks at what the introduction of ‘Daisy’s Law’ will mean for children, victims and survivors of sexual abuse.

On 19^th January 2023 the Government announced that children born as a result of rape will officially be recognised as victims. This follows the Government’s intention to further support victims of such heinous crimes and allow them the opportunity to make the individual accountable for d the crime.

Government statistics suggest that highest ever number of rapes within a 12-month period was recorded by police in the year ending September 2022 and in that same time period, charges were brought in just 2,616 rape cases.[1]

The UK government has announced these changes to the law which will recognise children as victims under the proposal ‘Daisy’s Law.’ England and Wales will be amongst the first countries in the world to bring about such change to their legislation, recognising the horrific circumstances that these children suffer due to no fault of their own.

At present, the lack of explicit reference to people born as a result of rape in the Victims’ Code, which is essentially a code of practice which sets out the minimum standard that all organisations must provide to victims of crime.[2] makes it very difficult for them to claim support and entitlements such as being provided with information about their case. The new laws will allow such children to receive specialist care and support from the criminal justice system which they may have otherwise not have had access to. The change will also allow victims to access counselling and therapy much easier as the government is committed to delivering better outcomes for victims and survivors of sexual abuse.

This landmark piece of legislation follows recommendations from the Justice Select Committee as it seeks to put the needs and voices of victims at the heart of the justice system and increase the accountability of agencies.

The Centre for Women’s Justice (CWJ) found that children born as a result of rape were at risk of suffering serious and long-term harm due to the distressing circumstances of their birth, from infancy well into later life.[3]

Daisy’s Law

Daisy was conceived as a result of rape in the 1970’s and her biological father, Mr Carvel Bennet was never brought to justice, despite her mother reporting the report at the time. He was eventually brought to justice in 2021 using Daisy’s DNA.[4]

As a child, Daisy was raised by an adoptive family, shielded from the truth about the circumstances of her birth. Once she turned 18, she requested her adoption file, hoping to learn more about her birth family and was horrified to learn that her birth mother had become pregnant with her at just 13 years of age. Eventually, Daisy was able to establish a contact with her birth mother and campaigned for her biological father to be brought to justice, offering her DNA as evidence that could be used to prove the prosecution case.

Once this matter was brought before the court, the police were able to secure a conviction against her biological father. Under the criminal law proceedings, Daisy had no rights within law to be kept informed of the progress of the investigation or the prosecution as she was not recognised as a victim of the crime. She therefore worked effortlessly to raise awareness in the press of the difficulties she faced by not being recognised as a secondary victim of rape.

Final thoughts

It is hoped that by working together with other countries to develop a recognised framework, children born of sexual violence will not be disadvantaged by the circumstances of their birth. The call to action has already been endorsed by several countries and organisations and it is hoped this change will have a huge impact on the way matters are dealt with in and out of proceedings and to the victims and those affected by it.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

References:

[1] https://rapecrisis.org.uk/get-informed/statistics-sexual-violence/

[2] https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/974376/victims-code-2020.pdf

[3] https://www.centreforwomensjustice.org.uk/news/2022/8/15/daisys-law-new-research-commissioned-by-centre-for-womens-justice-demonstrates-why-children-born-from-rape-should-be-recognised-as-victims-in-law

[4] https://static1.squarespace.com/static/5aa98420f2e6b1ba0c874e42/t/62fa26731a8f4921aef8545c/1660561012202/Daisy%27s+story.pdf

The New Age of Social Media v Children’s Rights to Privacy Online

Posted on 16th March 202323rd March 2023 by McAlister Family Law

The new age of social media v children’s rights to privacy online

The growing popularity of online social media platforms such as TikTok and Instagram has paved the way for a newfound presence of ‘kidfluencers’ – children thrust into the online spotlight by their parents or legal guardian, often becoming the face of a personal brand in return for sponsorship deals and paid promotions, with some pages reported to earn thousands of pounds per post.

Here, Eleanor Drury looks at how the influencer marketing industry may put children at risk, and what other jurisdictions are doing to protect them.

Last year, the House of Commons Digital, Culture, Media and Sport committee raised concerns that children are being used by entrepreneurial parents and guardians to capitalise on the growing market, and that a lack of action to regulate this area will lead to children in the industry being exploited. Whilst the UK has previously implemented child labour legislation, this was drafted some time ago and arguably needs to be to address gaps arising from 21^st century ways of life and provide regulation around two key grey areas; firstly, a child’s right to privacy on social media; namely, how content of them is shared and with whom, and secondly, whether profits are protected for the child’s future benefit.

The courts and legislators are faced with a tricky situation whereby the best interests of the child must be finely considered. There is an argument that children in this industry have a better quality of life, presented with further opportunities and greater financial freedom. Does filming and posting your child unboxing gifts, playing pranks or simply singing and dancing along with the latest trends really trigger the need for intervention? Or does the commercialisation for an online audience negate the defence of it simply being ‘play time’?

Given the overwhelming popularity of technology and social media, and the fact that of course not every child posted online is subject to a huge following of strangers on the internet, the courts will likely be keen to avoid a situation in which the floodgates are opened to excess claims and would therefore need to scrutinize a number of variables such as the age of the child, any safeguards put in place to protect the child and how much time and effort is required is of the child. It must also be recognised that the vast majority of parents and guardians post their children online out of love and parental pride.

In 2020, the French parliament adopted a new law on the commercial use of images of children under 16 years old on online platforms. The law aims to protect child influencers and provide a legal framework to prevent their exploitation online. This legislation requires parents and guardians to seek prior government authorisation to produce videos or imagery of children for online platforms where revenue exceeds certain thresholds, along with protecting any income generated by ensuring that only a percentage of this is received by parents and guardians, with the remainder being placed in trust for the child to access during adulthood.

With influencer marketing rapidly on the rise, perhaps UK legislators will decide soon to follow in the footsteps of other jurisdictions and provide a more modernised and inclusive take on pre-existing child labour law.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

Online sex abuse of primary school children increases over 1000% since pandemic – How far will the Online Safety Bill protect them?

Posted on 31st January 2023 by McAlister Family Law

Online sex abuse of primary school children increases over 1000% since pandemic – How far will the Online Safety Bill protect them?

It is a shocking and deeply sad fact that thousands of children ranging from new-borns to teenagers are targeted and subjected to horrific sexual abuse every day in this country. Here, Solicitor Nikki Bradley looks at the dangers children are being exposed to online and how the Online Safety Bill may make a difference.

Online forums and social media platforms are saturated with child sexual predators. Many of these people “catfish” their victims by hiding behind pseudonyms and falsifying information about their lives including their ages, backgrounds, appearance and gender. This is all done in the hope of maximising their chances of abusing vulnerable children which, as a result of the pandemic and increased popularity of remote platforms and social media technology, has caused online child sex abuse to skyrocket.

The Internet Watch Foundation (IWF) are a charity whose sole aim is to eliminate online sex abuse of children by finding and removing all traces of this material. On 27^th January 2023, IWF published stark and harrowing findings. Their research shows that since 2019 the number of sex abuse images of children aged 7-10 distributed online has increased by 1,058%.

Do we really know what dangers children are being exposed to online?

Our reliance on the digital world seems to have become normal post pandemic. Many primary school children now have iPads, smart phones, social media accounts but no matter how well we think we are policing it, the IWF statistics speak for themselves.

Online child abuse is not just still happening, it is thriving. Online predators are merciless and are taking full advantage of the fact that children are now regularly using digital platforms to assist their development socially and educationally. In 2022 the IWF found 63,050 reports of children aged 7-10 being tricked and coerced into performing sexual acts on camera, 14% of which were classed as Category A material – the very worst category of abuse.

Will the Online Safety Bill make a difference?

The purpose of the Online Safety Bill is to protect children (and adults) from online abuse by making social media companies legally responsible for their safety and increasing accountability for their online content and procedures. It proposes to do this by means such as enforcing age limits, rapidly removing and preventing illegal content for appearing, providing children with clear ways to report online problems and ensuring online risks on the biggest social media platforms are more transparent.

Progress of the Bill through Parliament has recently stalled following a rebellion of more than 50 MPs seeking an amendment introducing a two-year criminal sentence for tech bosses that fail to protect children viewing inappropriate online content. The Culture Secretary has described the criminal liability factor as giving the Bill “additional teeth”. It has since had the final approval of MPs and will now progress through the House of Lords before becoming law.

Final thoughts

It is hoped that this Bill will make a real difference to child online safety. The world appears to be live to the risks children face online and the UK is taking action to protect young people. However, the dangers of the internet extend far beyond TikTok and Instagram which comprise merely the surface of the digital world as we know it.

Whilst the Bill certainly appears a strong move in the right direction to keeping children safe from harm, it will not affect the vast expanse of the dark web which will continue to shield and anonymise thousands of online predators whilst also distributing their harmful content. Much more thought needs to be given as to how we can tackle the abuse of children in the “hidden” internet and how we can better police under the surface child sex abuse activity.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.