The sexual grooming of children cannot be tackled effectively by the criminal law?
**Make sure you understand what grooming is and how it has been explained and defined. Remember that it covers a broad spectrum of behaviour, the crucial element is that the behaviour is carried out with the intention of facilitating the child’s sexual abuse. So it can involve what seems like innocent behaviour like giving gifts eg with a view to gaining the child’s trust.
Make sure you know what the law criminalises. We focused on s.15 of the SOA which criminalises meeting or arranging to meet a child following a course of grooming BUT NOT grooming itself. Remember that no definition of grooming is provided by the offence. Bear in mind the other offences under the SOA which can catch grooming behaviour.
Because grooming is a preparatory act and because it can cover such a broad spectrum of behaviours, really think about the challenges that this poses for the law. Think about how the ulterior harmful intent can be established under the offence. What kind of evidence will the police and the CPS need? Given that the offence is used then it is obviously possible to acquire evidence of the ulterior harmful intent. So predictions that the offence would prove difficult to use in practice before s.15 was in force may not have proven to be correct.
Make sure that you engage with the academic commentary on grooming and the law. **
Most importantly please include some Case or precedent as support of the theory and also citation of the Act/Law used.
-The sexual grooming of children cannot be tackled effectively by the criminal law? -Critically discuss criminalising behaviour related to grooming in order to reduce the occurrence of child sexual abuse poses too many difficulties for the relevant offence to be any use. The following is the guidelines given by tutor. **Make sure you understand what grooming is and how it has been explained and defined. Remember that it covers a broad spectrum of behaviour, the crucial element is that the behaviour is carried out with the intention of facilitating the child’s sexual abuse. So it can involve what seems like innocent behaviour like giving gifts eg with a view to gaining the child’s trust. Make sure you know what the law criminalises. We focused on s.15 of the SOA which criminalises meeting or arranging to meet a child following a course of grooming BUT NOT grooming itself. Remember that no definition of grooming is provided by the offence. Bear in mind the other offences under the SOA which can catch grooming behaviour. Because grooming is a preparatory act and because it can cover such a broad spectrum of behaviours, really think about the challenges that this poses for the law. Think about how the ulterior harmful intent can be established under the offence. What kind of evidence will the police and the CPS need? Given that the offence is used then it is obviously possible to acquire evidence of the ulterior harmful intent. So predictions that the offence would prove difficult to use in practice before s.15 was in force may not have proven to be correct. Make sure that you engage with the academic commentary on grooming and the law. ** Most importantly please include some Case or precedent as support of the theory and also citation of the Act/Law used.
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