§ Mrs. Curtis-Thomas:To ask the Secretary of State for the Home Department how long the maximum penalty is for those convicted of gross indecency. [128635]
§ Paul Goggins:The maximum sentence for the offence of Indecency between Men (section 13 of the Sexual Offences Act 1956) is, on indictment, dependent on the ages of those involved. If the offence is committed by a man over the age of 21 with a man under the age of 18, it carries a maximum penalty of five years imprisonment. Otherwise it carries a maximum penalty of two years imprisonment. On summary conviction the offence carries a penalty of six months imprisonment, or a fine, or both.
Indecency between men is the official name for the offence colloquially known as Grass Indecency.
§ Mrs. Curtis-Thomas:To ask the Secretary of State for the Home Department whether the Government plans to (a) repeal gross indecency offences and (b) include provision regarding sexual activity in public toilets under the Sexual Offences Bill. [128633]
§ Paul Goggins:The Sexual Offences Bill provides for the repeal of section 13 of the Sexual Offences Act 1956 which is the offence of "indecency between men not in private", colloquially known as "gross indecency" (see schedule 5 of the Bill). The Bill also provides for an offence of "sexual activity in a public lavatory" (see clause 67).
§ Mrs. Curtis-Thomas:To ask t he Secretary of State for the Home Department what legislation the police may use to tackle the problem of sexual activity in toilets. [128634]
§ Paul Goggins:Currently, sexual activity in toilets could be dealt with under section 13 of the Sexual Offences Act 1956 (indecency between men not in private), section 5 of the Public Order Act 1986 which deals with behaviour likely to cause harassment, alarm or distress and the common law offence of "outraging public decency". There is provision in the Sexual Offences Bill for the repeal of section 13 of the Sexual Offences Act 1956 but a new offence of "sexual activity in a public lavatory" is included at clause 67.
§ Mrs. Curtis-Thomas:To ask the Secretary of State for the Home Department if the Government will adopt the proposal of the Home Affairs Committee to extend the statutory reporting restrictions, which preserve the anonymity of victims of sexual offences, to persons accused of those offences. [128620]
§ Paul Goggins:The Government have noted the findings of the Home Affairs Select Committee (HASC), but believe there should be no distinction drawn between those accused of sex offences and other, arguably more heinous crimes, such as murder. However, we acknowledge that some media reporting of suspects' details, prior to charge, can be severely 48W distressing and damaging where charges are not then brought, and believe that informed and strengthened self-regulatory guidance issued by the police and the media, to prevent such reporting, is preferable to legislation. Discussions are already in hand to ensure the relevant guidance is strengthened.