'Romeo and Juliet' clause exempts consensual teen sex

A so-called "Romeo and Juliet" clause has been accepted in new plans for mandatory reporting of concerns around child sexual abuse.

The Crime and Policing Bill puts a new duty on teachers, GPs, and other professionals to report concerns or face criminal sanctions.

Mandatory reporting was one of the 20 recommendations of the Independent Inquiry into Child Sexual Abuse (IICSA) following the grooming gangs scandal.

Debating the new duty, MPs agreed on an exemption for consensual sexual relationships between teenagers over 13 years old, as long as there are no concerns around harm.

Shakespeare's Romeo and Juliet were fictional teenage lovers, whose forbidden romance ended in tragedy, but who have become synonymous with youthful love.

Labour's Safeguarding Minister Jess Phillips, who put forward the amendment during a committee hearing on the bill, said she wanted to provide "some discretion" in a limited number of situations " to avoid unintentional consequences".

Phillips said: "This avoids situations such as two kissing teenagers having to be reported to the authorities by a teacher who knows them both well...

"Nor do we want to discourage young people from accessing services that are designed to offer support in addressing their own harmful sexual behaviour."

The clause would not apply if either child was aged under 13 years old, if there was suspicion of coercion or abuse, or if there was a significant difference in age or maturity.

Responding in the debate, Conservative MP Harriet Cross backed the clause, which she said recognised that age differences were important in these relationships.

"For example, if a 14-year-old girl is sexually involved with a 17-year-old boy, even if she says she has consented, a teacher or adult might rightly feel uneasy about the power dynamic and the possible impact of grooming," she said. "The adult might decide that it is appropriate to report in that case.

"On the other hand, two 14-year-olds would likely fall under the exemption."

Cross said it would allow professionals to use their judgement - but stressed the bar for not reporting should be high.

"It recognises that not all sexual activity involving under-18s is a cause for alarm or state intervention," she said.

"Specifically, it lets professionals refrain from reporting consensual sexual activity between older teenagers when they believe there is no abuse or exploitation at play - it is basically a Romeo and Juliet exemption.

"...The exemption is not about condoning under-age sex, it is about proportionality."

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