My Lords, we now turn to the perpetrators of child sexual abuse. I have tabled Amendment 148D, which imposes a duty on the Crown Court to issue a restraining order for child sexual offences for a perpetrator released on licence for certain child sexual offences. There is a strong reason why victims of child sexual abuse should be given this protection: they are among the most vulnerable, particularly when the abuse occurs within the family. Although there is respite for victims when the offender is in prison and while subject to licence conditions—provided that these have been properly set—the real problem is that robust licence conditions are often not in place; worse, even where they are, the victim is left unprepared once they expire.
Sexual harm prevention orders do not automatically include protection for the original victims of the crime; the onus is on the original victims to apply for a restraining order against the offender after they have been released—that is extraordinary. This not only creates enormous stress and fear but costs the Government more money through new hearings that must take place, not to mention the additional CPS and court resources that are needed. A restraining order placed at the time of release will save time and money, while affording the victim lifetime safety. It also sends strong messages to the offender that they will face criminal charges and up to five years’ prison time if the restraining order is breached.
Sexual abuse of any kind is dreadful, but child sexual abuse is particularly heinous. As the Independent Inquiry into Child Sexual Abuse evidenced, the victims’ lives are affected for decades. It destroys trust and lives; the fear of their abuser returning to their lives is very real.
One such case is Emily Victoria, whose father was sentenced to 14 years in prison for sexually abusing her—his daughter—and a foster child. On release under licence, conditions were put in place to prevent him from entering certain areas where the children, now adults, lived and frequented—these conditions were necessary for their safety. However, when his sentence was completed, the offender was no longer subject to any licence conditions, meaning he is legally able to contact, in person or digitally, the children—who are now adults—that he abused for their entire childhoods.
They live in daily fear for their lives and live in hiding, subjected to ongoing trauma because the power has been given back to the offender.
Emily Victoria said:
“My dad horrifically abused me for the first 18 years of my life. I am now 33 and I have spent more of my life under his control than not. He has always been a violent man and pled guilty to many cases of child sexual abuse to myself and another.
His sentence came to an end on 21 November 2023. I am appalled that he has been given the right to contact me in person or otherwise. I live in fear that he’ll be waiting for me in the shadows of my home. There have been times when my home has been broken into and things have been moved around.
Right now, as a result of a prime-time documentary I presented which was aired on Channel 4, more children have come forward to say he sexually abused them. This can trigger a violent response with me as a target.
I am suggesting we impose a Lifetime Restraining Order at the time of release on license to prevent abusers of Child Sexual Abuse from ever getting in contact with their victims directly or indirectly. My dad tried to get in contact via a family member and it’s absolutely terrifying. I should not have to carry the burden of his mistakes for my whole life.
Nor should I have to go to trial/court to request a restraining order. The option to have a phone that directly calls the police because I’m in danger is enough. The restraining order for life sends a strong message of consequences to the offender that they will face criminal charges and up to an additional 5 years in prison.
I go to sleep at night worried about the safety of my child and myself – and I’m strong. For those victims whose offenders come out after just a couple of years and receive less chance of rehabilitation, it’s paramount we give the victims as much protection as possible.
True freedom for victims of child sexual abuse is in the hands of our Ministry of Justice and can be given to victims with a lifetime RO”.
7.15 pm
Her experience and those of many others speak to why we need to ensure that victims of child sexual abuse are given the confidence that their perpetrator will not be able to contact them after their release. I beg to move.