News

The Marie Collins Foundation welcomes the confirmation by the government yesterday (21^st October 2024) of an independent sentencing review, led by former Lord Chancellor David Gauke.

We strongly support the need for this review and the terms of reference focus on public safety, the most serious offences being treated accordingly and custodially, as well as a commitment to look at sentencing around offences against women and girls.While we will eagerly await the outcome of the review and recommendations in 2025, we are concerned by some of the omissions in the press release¹ and terms of reference².   

We are disappointed to see that there was no mention of sentencing analysis in respect of contact child sexual abuse versus Technology-Assisted Child Sexual Abuse (TACSA) offences. While we note the terms of reference will not scrutinise sentencing in individual cases, (as this is a matter for the judiciary), the Marie Collins Foundation is increasingly troubled by what appears to be an operative two-tier approach to sexual offence sentencing. Convictions for TACSA-related offences appear as “light touch” sentencing, even if within the bounds of the specific offence sentence guidelines.  This contrasts with other forms of contact child sexual abuse offences, where sentencing tends to be more stringent and more appropriately reflects the gravity of the offence and the impact on the victim.  

This issue was most recently highlighted in the sentencing of former BBC newsreader Huw Edwards. Despite being convicted for making indecent images of children, he was given a six-month sentence, suspended for two years. He admitted having 41 images of children, across all three categories and including moving images. Although within the sentencing arrangements for this type of offence, this non-custodial sentence sends the message to society that online forms of child sexual abuse are less serious and harmful than other types of abuse. Research tells us otherwise.³⁴ The impact on the child victims depicted in these images should not be underestimated. Every time the image of their sexual abuse is viewed, they are revictimised. The creation and distribution of these images leads to a cycle of perpetuation of harm, meaning that there is no end to this abuse and additional barriers for the recovery journey. 

“The immediate effect of these images is a complete loss of control, of self, and of privacy that exacerbates the abuse that they contain. Long-term, this has detrimental effects on our ability to put abuse behind us and continue on our journey of survivorship as it is something we can never get back, something we cannot control in our recovery.” 

-Marie Collins Foundation Lived Experience Group

While we welcome that the government’s plan to allow earlier release for some standard determinate sentences will not apply to those prosecuted and sentenced for sexual offences⁵, stronger sentencing is required in the first instance for sexual offences which have an online component. At present, the available sentences and guidelines create a two-tier class of victim, demoting TACSA as a less serious form of harm. Effectively, this creates a hierarchy of harm which is not reflective of the seriousness of TACSA and its detrimental effects on victims.  

We appreciate the very real issue of prison overcrowding. However, we strongly encourage the government to include within the review a comparative analysis of sentencing arrangements for contact child sexual abuse and TACSA.  It is vital that sentences for these offences works in a range of ways to ensure that at every level the needs of victims and survivors are at the forefront of all decision making. We achieve this by supporting children, young people and their families affected by technology-assisted child sexual abuse by working with them directly and indirectly. 

We also ask the government to ensure boys are properly represented in this review, in offences committed against them. Boys often underreport abuse⁶⁷, including TACSA and should not be neglected as part of the review focus.  

“Technology-Assisted Child Sexual Abuse is not a victimless crime and should never be viewed as such. The current sentencing of the people who commit these offences reinforces the societal view that they are not serious crimes, as well as reinforcing the view of perpetrators that they are not doing any harm because it is 'just a picture'. How can we possibly create a society where it is safe for children to come forward and tell us what has been done to them, if the response minimises the crime?” 

-Vicki Green, CEO Marie Collins Foundation

Notes to editors 

For more information and press enquiries, please contact Victoria Green, CEO Marie Collins Foundation – victoriagreen@mariecollinsfoundation.org.uk 

References and Research: 

1. https://www.gov.uk/government/news/landmark-sentencing-review-launched-to-end-prison-crisis 

2. https://www.gov.uk/guidance/independent-sentencing-review-2024-to-2025 

3. Hamilton-Giachritsis, C., Hanson, E., Whittle, H., Beech, A. (2017) “Everyone deserves to be happy and safe. A mixed methods study exploring how online and offline child sexual abuse impact young people and how professionals respond to it” - https://learning.nspcc.org.uk/media/1123/impact-online-offline-child-sexual-abuse.pdf 

4. Hanson, E. (2017). The impact of online sexual abuse on children and young people. In J. Brown (Ed.), Online risk to children: Impact, protection and prevention (pp. 97–122). Wiley Blackwell  

5. Lord Chancellor sets out immediate action to defuse ticking prison ‘time-bomb’ - GOV.UK 

6. McTavish, J. R., Sverdlichenko, I., MacMillan, H. L., & Wekerle, C. (2019). Child sexual abuse, disclosure and PTSD: A systematic and critical review. Child Abuse & Neglect, 92, 196–208. https://doi.org/10.1016/j.chiabu.2019.04.006 

7. Lev-Wiesel, R., & First, M. (2018). Willingness to disclose child maltreatment: CSA vs other forms of child abuse in relation to gender. Child Abuse & Neglect, 79, 183–191.