Step-families
The question
To ask the Secretary of State for Justice, are there any plans to review the legal situation around step-parents having a relationship with their adult step-children, in the same way as has been done in Scotland.
Answered by Ministry of Justice
Under the Sexual Offences Act 2003, a step-parent or former step-parent commits an offence if they engage in sexual activity with a step-child under 18 in circumstances where the child has lived in the same household as them or they have been regularly involved in the child's care. It is not, however, a criminal offence for a step-parent or former step-parent to have a consensual sexual relationship with an adult step-child.
This differs from Scotland, where section 2 of the Criminal Law (Consolidation) (Scotland) Act 1995 makes it an offence, subject to certain exceptions, for a step-parent or former step-parent to have sexual intercourse with a step-child or former step-child if that step-child is either under 21, or before they turned 18, has lived in same household and been treated as a child of the family.
The Government keeps the criminal law under review. However, those aged 18 and over are adults rather than children, and there is a balance required between protecting vulnerable individuals and respecting the autonomy of consenting adults. Therefore, we currently have no plans to change the law in England and Wales on familial sex offences so that it aligns with the law in Scotland.
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