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Wednesday's Final Word
Teachers will no longer be forced to report sexually active teenagers to the police under new child abuse laws after a controversial ‘Romeo and Juliet’ exemption won cross-party support.
Under the new Crime and Policing Bill, professionals who fail to report suspected child sexual abuse could face disciplinary action – or worse.
The new laws, aimed at protecting minors, were drafted in light of the grooming gangs scandal.
However, teachers and other staff will be allowed to use their judgment and not alert authorities in some cases, so long as there’s no evidence of coercion or abuse.
There will be exceptions if two teenagers are in a consensual relationship, such as a 14-year-old girl and her 17-year-old boyfriend, under what has been called a ‘Romeo and Juliet’ exemption.
Harriet Cross, the Conservative MP for Gordon & Buchan and a party whip, indicated that the party would support the clause.
She told the committee that the exemption ‘recognises that not all sexual activity involving under-18s is a cause for alarm or state intervention’.
Ms Cross said: ‘Specifically, it lets professionals refrain from reporting consensual sexual activity between older teenagers when they believe there is no abuse or exploitation at play. It is basically a Romeo and Juliet exemption.
Juliet, played by Claire Danes in the 1996 film, is almost 14 and while the age of Romeo, played by Leonardo DiCaprio, is never stated it is implied to be older
Harriet Cross, the Conservative MP for Gordon & Buchan and a party whip, indicated that the party would support the clause.
Teachers and other staff will be allowed to use their judgment and not alert authorities, so long as there’s no evidence of coercion or abuse.
‘Sexual activity for under-16s is, as we know, illegal in law but without this clause, a teacher who learns of two 15-year-olds in a consensual relationship would legally be bound to report that as a child sexual offence.
‘The clause empowers the teacher to use their professional judgment, but the exemption applies only where the reporter is satisfied that the relationship really is consensual and not appropriate to report given the circumstances.
‘The bar for not reporting should be high. As a safeguard, the clause explicitly says to consider the risk of harm.
‘If there is any indication of harm or imbalance, the duty to report remains.
‘For example, if a 14-year-old girl is sexually involved with a 17-year-old boy, even if she says she has consented, a teacher or adult might rightly feel uneasy about the power dynamic and the possible impact of grooming. The adult might decide that it is appropriate to report in that case.’
In France, lawmakers made headlines in 2021 by ruling that sex with a child under 15 is rape but included a ‘Romeo and Juliet’ exception for teenagers within five years of each other.
The age of sexual consent in the UK is 16 and, unlike in countries such as Australia, there is no exemption for sexual activity between under 18s even when the two are in a consensual relationship.
In William Shakespeare’s Romeo and Juliet, Juliet is almost 14 and while Romeo’s age is never stated it is inferred that he is older.
Jess Phillips said: ‘Consensual relationships between young people should not be considered child sexual abuse in the absence of coercion or significant differences in age or maturity’
Speaking to the committee, safeguarding minister Jess Phillips said: ‘Consensual relationships between young people should not be considered child sexual abuse in the absence of coercion or significant differences in age or maturity, and that an exception can therefore be made to the duty in such circumstances.
‘This avoids situations such as two kissing teenagers having to be reported to the authorities by a teacher who knows them both well.’
Professionals who fail to report suspected child sex abuse would be liable for sanctions from their professional regulator or the Disclosure and Barring Service under the laws.
For exemption from mandatory reporting, teachers and other professionals must be certain that both teenagers are both over 13 and have no concerns about abuse or coercion.
