Legal experts are calling for the creation of a new criminal offence of intentionally deceiving a person into engaging in sexual activity.
It is hoped the bespoke offence would address confusion in law around consent, and would cover both the making of false representations and failing to disclose information.
A case involving undercover police officers who adopt a fake persona and conduct sexual activities with female activists – known as “spy cops” – was one example given by the Criminal Law Reform Now Network that may be covered by the offence.
In its report, published on Wednesday, the Birmingham University-based network noted that courts struggle to determine what deceptions have the effect of nullifying the supposed consent of the victim and which do not.
As such, the CLRN says there is an urgent need for reform, arguing the “straightforward” solution is for the creation of a bespoke offence.
The network has drafted the new offence, which it says should be added to the existing Sexual Offences Act 2003 and carry a maximum jail term of 10 years.
John Child, co-director at the CLRN Network and professor of criminal law at the University of Birmingham, said: “It would have to be something where you’re deceiving somebody and the intention is to induce a sexual activity by that deception. But not only that, you have to know as the defendant that what you’re saying is important to that other party.
“So if it’s just part of your sort of chat-up lines, that’s one thing but if you know, for example, the person is wearing, let’s say, religious dress and so it becomes obvious that your religion will be very important to them, then acts of deception as to that aspect is much more likely of course to then lead to the offence being committed.”
A Ministry of Justice spokesperson said: “Courts already consider all relevant factors which could affect whether consent was given but we keep sexual offence legislation under constant review to ensure the public is protected.”
