Recommendation 70: Include clergy in position of trust definition
From The Anglican Church Case Studies Investigation Report, published 9 May 2019.
Recommendation
The government should amend Section 21 of the Sexual Offences Act 2003 so as to include clergy within the definition of a position of trust. This would criminalise under s16-s20 sexual activity between clergy and a person aged 16-18, over whom they exercise pastoral authority, involving the abuse of a position of trust.
In brief (written by this site)
The Inquiry recommended amending sexual offences legislation to include clergy within positions of trust. In a letter of October 2019, published by the Ministry of Justice in November 2019, Chris Philp MP, Parliamentary Under-Secretary of State for Justice, stated that existing criminal law provided protections against sexual abuse and that a cross-government review of offences had been conducted (Chris Philp MP response, Oct 2019). The Minister explained that the government was considering the review's findings and would announce next steps in due course (Chris Philp MP, Nov 2019). Amending Section 21 to include clergy was not mentioned in the letter (Chris Philp MP response, Oct 2019; Chris Philp MP, Nov 2019).
AI-generated summary of the record on this page, checked by a second model and automatic checks, 5 Oct 2026. The record below is the sources' own words.
Government response
I should first like to assure the Inquiry that the criminal law already provides a number of protections to deal with non-consensual and unwanted sexual activity and abuse. These offences rightly carry robust sentences to reflect the seriousness of such offending. We recognise that there are deeply-held concerns about those who might abuse their position of power over a 16 or 17-year-old to pressure them into engaging in sexual activity. Such behaviour is likely to be caught by the robust laws we already have in place, and I want to actively encourage anyone who feels that they are a victim of sexual abuse to contact the police. We remain determined that such activity should be investigated, prosecuted and punished, no matter what the perpetrator’s occupation or relationship to the individual might be. We want to ensure that existing offences are being used effectively to tackle this behaviour, and that those working with young people understand their responsibilities and act appropriately. The Ministry of Justice, working closely with colleagues across Government, has already taken forward a review of existing offences, to ensure that they are working as effectively as possible and are clearly understood.
Delivery
Ministry of Justice says in progress (4 November 2019)
We are considering the findings of the review in detail and will announce next steps in due course, and will keep the Inquiry updated as this work progresses.
From: Independent Inquiry into Child Sexual Abuse: Anglican Church (letter; GOV.UK page: Government response to recommendation by the Independent Inquiry into Child Sexual Abuse), Chris Philp MP, Parliamentary Under-Secretary of State for Justice
Responsible bodies
Themes and tags
Who has spoken
- Ministry of Justice
Response, delivery statement