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Government to scrap 'outdated' sex laws
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| Illegal: same sex contact in public |
David Blunkett is to set out proposals to modernise "outdated" sex offence laws this autumn.
In a speech to police officers on Wednesday, the home secretary announced his intention to reform antiquated indecency laws, widely regarded as discriminating against homosexuals.
"We will legislate in the next session of parliament on sex offences and sex offenders," he said.
It is expected that the government will sweep away laws which make it illegal for two men to engage in sex in a hotel bedroom.
Laws which prevent two men kissing in public are also likely to be scrapped.
Other indecency laws likely to go include those which make it illegal for a married couple to engage in buggery and which prevent consensual group sex amongst homosexuals.
Tough laws governing male soliciting - known as "cottaging" - could also be swept away.
But in a bid to fend-off criticism from family rights groups, the home secretary has also pledged tougher protection for children.
"I am in the process of finalising proposals to update centuries old, outdated law on sex offences," he said.
"We are balancing here the toughening of protection, particularly for children, while ensuring the law is fair and non-discriminatory and reflects the 21st rather than the 19th century view of social policy."
The reforms will follow a two year consultation and are set to widen the number offences on the sex offenders register.
"The criminal law should not treat people differently on the basis of their sexual orientation, said a Home Office consultation paper.
"Consensual activity between adults in private that causes no harm should not be criminal.''
Sex crime reform was welcomed by the Liberal Democrats.
And home affairs spokesman, Simon Hughes, called for swift sweeping change.
"It is encouraging that the government is making progress towards bringing forward wholesale reform of the law on sexual offences," the Bermondsey MP said.
"Partial reform will not be sufficient... the new bill should be presented to parliament in draft form this year, and as legislation by no later than 2003."
The announcement comes as the government puts in place plans for a widespread review of Britain's criminal justice laws.
Echoing Tony Blair's call for a reorientation of criminal justice to "catch the guilty", Blunkett argued that the balance had swung too far towards the defendant.
He claimed that society was losing out in a conflict between individual and collective rights.
"We have moved from the emphasis on the rights of society to the rights of the individual, he said.
Acknowledging that over the last two decades a series of miscarriages of justice had understandably fuelled "the fear of an over-centralised state", the home secretary said the pendulum had swung too far.
"The result is that justice is sometimes seen being about protecting the individual from the rest of us rather than protecting us from individuals," he said.
"We need to rebalance the system so that it delivers real justice for victims and the wider community."
Blunkett told police officers his job involved a fine balancing act between "victims on the one hand - accused on the other".
"Terrorised on the one hand - and accused terrorists on the other," he added. "Security and safety on one side - and freedom of movement, thought and action on the other."
He warned that democracy could be the victim if criminal justice reform failed to restore public faith in the system."A healthy democracy is one which retains the right balance of individual freedom versus the rights and mutuality of us as a society and community," he said.
"We must ensure that the justice system, from law enforcement to correction, is both legitimate and credible if it is not to undermine the very democracy we seek to preserve."
"Justice should evolve with the nature of criminality, including its globalisation. We need to ensure we have systems and laws in place that reflect today's knowledge about the patterns of crime," he said.
"We also need to balance achieving modernisation with avoiding distortion which blocks progress, frightens and misleads."
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