Minister considers making "grooming" of child an offence

MINISTER FOR Justice Dermot Ahern is considering making sexual “grooming” of a child an offence under new legislation.

The measures would be included in the Sexual Offences Bill, which is at draft stage.

Under existing legislation, the Criminal Law (Sexual Offences) (Amendment) Act 2007, it is already an offence to meet a child for the purpose of sexual exploitation following grooming. The new measures would make the grooming itself an offence.

Grooming is the initiation and encouragement of a relationship by an adult with a child for sexual exploitation.

In response to a question by Fine Gael senator Frances Fitzgerald, Mr Ahern said he was examining how to provide an offence of actual grooming, in particular where the grooming had taken place using a phone or the internet.

“If a form of words is found that is fair and proportionate and does not criminalise normal and non-sinister communications, I will provide for such an offence in the forthcoming legislation,” he said.

In a report to the Oireachtas, Geoffrey Shannon, family lawyer and special rapporteur on child protection, recommended legislation is enacted to make grooming a specific offence.

He said under existing legislation prosecutions were difficult because it was hard to prove intention, and because the sexual exploitation of the child needed to have been committed before a person could be prosecuted. He said a specific offence of grooming would punish those who meet or contact a child for the purpose of future sexual exploitation, and successful conviction for grooming would act as a deterrent to committing sexual exploitation.

Speaking yesterday, Mr Shannon welcomed the Minister’s proposal. “I think this is an area of law where children are particularly vulnerable, and this legislation would hopefully insulate children against that vulnerability.”

Ms Fitzgerald also welcomed the proposal. She said it was time legislation caught up with modern technology.

“I am pleased that the Minister has now finally publicly committed to rectifying this and that he states that the preparation for such grooming legislation is at an advanced stage.”