Comment

Kathleen Leader: Change in ‘defilement’ law recognises realities of modern life

The Supreme Court decision allows for good-faith error, which is welcome in an era when young people are sexually active from a younger age

The Supreme Court has noted that ‘we are now in an era where young adults are more sexually active than in the past and that in such circumstances a genuine mistake is a realistic rather than a remote possibility’

A provision in a law which criminalises sexual acts with a child was deemed unconstitutional by the Supreme Court last week. This decision shows that the law recognizes the realities of modern life, living as we do in an era where young adults are more sexually active than in the past. But it’s important to look back and understand how the law got to this point.

The Criminal Law (Sexual Offences) Act 2006 which contains ...