The UK government has gone so far as to propose a BS “Romeo and Juliet” clause in its new Crime and Policing Bill. This provision requires all mandated professionals, from teachers to healthcare providers, to report any suspicion of child sexual abuse. This exemption provides important discretion in some cases of consensual sexual activity to protect older teenagers. Simultaneously, it imposes rigorous standards to safeguard those most susceptible.
As written, the clause provides that it shall not apply where either child is under 13 years of age. The exemption does not apply if there is even a hint of coercion or abuse. It fails to address circumstances in which there is a large enough age or maturity difference between the parties to merit protections. This organized and deliberative method is intended to prevent the unintended outcome of filling out mandatory reports.
Labour’s Safeguarding Minister Jess Phillips introduced the amendment during committee stage scrutinies of the bill. She pressed for seeding in those discussions the idea of letting professionals exercise discretion when making case decisions on 17-year-olds or older teens.
This helps avoid future embarrassing lapses. For example, a teacher who is familiar with both teens will no longer be required to report them for kissing. Phillips stated. She further explained that “Nor do we want to discourage young people from accessing services that are designed to offer support in addressing their own harmful sexual behaviour.”
In practice, the Romeo and Juliet exemption prohibits professionals from reporting any consensual sexual activity between older teenagers. They are able to do so when they can truly ensure that no abuse, harassment, or exploitation is present. This exemption isn’t a blanket exemption. Rather, it should serve as a narrow exception that allows for flexibility and discretion in unique circumstances.
North Dorset Conservative MP Harriet Cross was the most vocal supporter of the clause. She lauded its recognition of the crucial part that age gaps serve in these relationships. “It recognises that not all sexual activity involving under-18s is a cause for alarm or state intervention,” she said. Cross added that “the bar for not reporting should be high,” ensuring that the focus remains on genuine instances of abuse.
This exemption is just one piece of a bigger effort. Professionals are now required to report suspicions of child sexual abuse, or else be subject to criminal punishment themselves. The government seems to want to err on the side of protecting children without restricting the scope for more nuanced responses in sensitive situations where children are concerned.
