NCJ Number
49666
Date Published
1976
Length
7 pages
Annotation
THE ROYAL COLLEGE OF PSYCHIATRISTS COMMENTS ON THE ADEQUACY OF BRITISH LAWS REGARDING SEXUAL OFFENSES OTHER THAN RAPE.
Abstract
WITH REGARD TO SEXUAL OFFENSES AGAINST CHILDREN, IT IS EMPHASIZED THAT SUCH CASES VARY CONSIDERABLY IN THE RELATIONSHIP BETWEEN THE PARTIES INVOLVED, THE DISCREPANCY IN THEIR AGES, THE PHYSICAL AND PSYCHOLOGICAL DAMAGE DONE, THE LIKELIHOOD OF REPETITION, AND THE NEED FOR CORRECTION OR TREATMENT. IT IS SUGGESTED THAT, WHILE IT IS JUSTIFIABLE TO SET A LEGAL AGE OF CONSENT (16), SENTENCERS SHOULD BE FLEXIBLE IN JUDGING THE CIRCUMSTANCES SURROUNDING EACH INDIVIDUAL CASE INVOLVING SEXUAL ASSAULT ON A YOUTH. CITING THE FACT THAT A DEFENDANT IS UNDER AGE 24 AS A DEFENSE AGAINST THE CHARGE OF UNLAWFUL SEXUAL INTERCOURSE WITH A GIRL UNDER THE AGE OF CONSENT IS SAID NOT TO BE JUSTIFIABLE ON THE GROUNDS OF ANY EVIDENCE REGARDING AN UPPER LIMIT OF PUBERTY. REASONS FOR RETAINING INCEST AS A SEPARATE OFFENSE AND NOT MERGING IT INTO CATEGORIES OF ASSAULT AND ABUSE OF MINORS ARE CITED, BUT AGAIN FLEXIBILITY IN ADJUDICATING INDIVIDUAL CASES IS URGED. IT IS ARGUED THAT THERE SHOULD BE NO DISTINCTION IN THE AGE OF CONSENT BETWEEN HETEROSEXUAL AND HOMOSEXUAL PRACTICES, AND THAT THERE IS NO NEED TO RETAIN FORCED BUGGERY WITH A MALE OR FEMALE AS AN OFFENSE SEPARATE FROM ASSAULT. THE ELIMINATION OF DISTINCTIONS BETWEEN THE SEXES IN LAWS MAKING IT ILLEGAL TO LIVE ON THE EARNINGS OF PROSTITUTION IS URGED. IN REFERENCE TO THE PSYCHIATRIC TREATMENT OF SEX OFFENDERS, IT IS EMPHASIZED THAT THE PHYSICIAN-PATIENT RELATIONSHIP MUST BE ONE OF TRUST AND RESPECT. IT IS NOTED THAT THE COURT MAY BE JUSTIFIED IN ENFORCING ATTENDANCE FOR TREATMENT, BUT NOT IN ENCROACHING ON THE NATURE OF THAT TREATMENT. HOWEVER, IT IS RECOGNIZED THAT ANY RESTRICTIONS OF AN OFFENDER'S LIBERTY MUST BE DECIDED BY THE COURTS, NOT BY PHYSICIANS. IT IS SUGGESTED THAT THE EXISTING LAW GOVERNING THE OFFENSE OF INDECENT EXPOSURE, WHICH MENTIONS INTENT TO INSULT FEMALES, BE REPHRASED TO BASE THE CHARGE ON EFFECT RATHER THAN INTENT, THE EFFECT BEING DISTRESS TO FEMALES AND BREACH OF THE PEACE BY RETALIATING MALES. (LKM)