The Sexual Offences Reform in the UK - Essay Example

Introduction: This paper talks about a series of sexual reforms that occurred in the United Kingdom over the last 15 years. It is important to denote that the United Kingdom is one of the countries in the world that has initiated a series of sexual laws, for purposes of strengthening inefficient sexual laws, and recognizing the rights of the vulnerable in the society. This is in respect to their sexual orientation. This paper analyzes the various reforms that the United Kingdom has initiated in recognizing the rights of the transgender, the gay, the lesbians and the bisexual people. This paper also analyzes the sexual offences laws initiated by the UK and Scotland, for purposes of protecting its citizens against sexual crimes. LGBT Rights in the United Kingdom: LGBT is a term that is used to denote the rights of the Lesbians, gay people, bisexual, and the transgender. This term is basically used in the four countries making the United Kingdom, though it may be used under varying capacity (Wahl, 2011). In 1533, the Buggery Act of the United Kingdom outlawed same sex activities, and such kind of an activity was punishable by death (Browne, 2006). However, the rights of the LGBT first came into prominence between the years 1967, to the years 1982. This was with the decriminalization to any sexual activity regarding the same sex. During the 21st century, civil activists, and government officials have recognized the various rights of the LGBT, and therefore enacting various laws to protect these people from discrimination (Tyson, 2013). These rights have been adopted into the equality act of 2010. In the year 2000, the army of the United Kingdom allowed people who were gay to serve in the British army, and in 2001, the age in which an individual could engage in same sex activities was equalized to that of the age of consent of individuals engaging in normal sexual activities (Browne, 2006). In the year 2005, the United Kingdom initiated policies that allowed transgender people to have the capability of changing their legal gender, and during the same year, the laws of Britain allowed same sex marriages. This was to occur in a civil partnership. In 2009, Scotland and Wales adopted the laws that allowed same sex marriages in the United Kingdom (Tyson, 2013). However, it is not the intention of Northern Ireland to allow same sex marriages, only recognizing these associations as civil partnerships. In the current century, UK citizens who are LGBT have equal legal rights with citizens who are non-LGBT (Tyson, 2013). On this basis, Britain and the United Kingdom provide one of the best and highest degrees of liberty to its citizens who are referred to as LGBT (Browne, 2006). Organizations responsible for advocating for the various rights of LGBT in Britain are found in almost every city of Britain, and this includes Leeds, Birmingham, Brighton, Manchester, London, Blackpool, etc. These cities normally host an annual festival celebrating the rights of the gay people. Same Sex Activities and the Laws: In 1707, before the formation of the United Kingdom, the Buggery Act of 1533 outlawed any form of anal sex, and made it punishable by death. This act was introduced by King Henry the 8th, and it was the first law that regulated sodomy. In 1861, the act of offence against a person removed the clause of death penalty on homosexuals, but made it an illegal activity punishable by imprisonment (Tyson, 2013). These laws against homosexuality were extended to include any indecent sexual acts by males, through section ii, of the 1885 criminal amendment act (Browne, 2006). Due to these discriminative laws, there was a need of reforms targeting the manner in which gay people were treated. This was also precipitated by the debate concerning the gays that occurred in the 1950s, and the 1960s, that saw so many gay people imprisoned in the United Kingdom (Wahl, 2011). Currently, the civil partnership of 2004 recognizes same sex relationships, and civil partnerships. Civil partnerships refer to a union that grants the responsibilities and rights of marriage to parties in the union. It is important to denote partners do not enjoy all the rights that married couples normally enjoy (Phoenix, 2009). Civil partnerships in the United Kingdom can take place in designated religious venues in Wales and the England, and must be approved by the UK. It is important to denote that while performing these civil partnerships, religious music, readings, and symbols are always not include during the union (Wahl, 2011). Non-consummation and adultery are also not grounds to ending the partnership under consideration. In 2013, England and Wales decided to enact a legislation that supported same sex marriages. This was under the 2013 same sex couples act. Under this law, people with the same sex can marry each other, and enjoy the same rights that married couples normally have (Phoenix, 2009). However, it is difficult to divorce an individual married under this law because of adultery, and non-consummation. This is because the law defines adultery as having sexual intercourse between a married man, and a woman (Browne, 2006). On February of 2014, the Scottish parliament also decided to enact a law that would allow same sex marriages into the country. This law was referred to as the civil and marriage partnership bill of 2014. It is important to denote that in as much as England and Wales allows same sex marriages, they cannot take place in the Church of Wales, and that of the Church of England. However, other religious institutions are allowed to conduct these marriages, but they are not obligated (Phoenix, 2009). Northern Ireland on the other hand does not allow same sex marriages, but it recognizes same sex marriages that have been conducted in England and Wales, and other jurisdiction of the world. In 2002, the adoption and children act allowed the gay people to have the capability of adopting a child (Browne, 2006). This is because the act allowed either a couple, or a single person to have the capability of adopting a child. In 2009, Scotland adopted a similar legislation, allowing gay people to have the capability of adopting a child. The 2008 Embryology and Human Fertilization act allowed the LGBT to assume parentage in a case that involved vitro fertilization. This law also allows partners who are gay to have an identity in the birth certificate of the child as his or her parents (Phoenix, 2009). In regard to the transgender people, the 2004 gender recognition act made it legally possible for an individual to change his or her gender (Browne, 2006). By changing their gender, these people are issued with a new birth certificate, recognizing their new gender, and giving equal rights enjoyed by people of their new gender. However, the law requires an individual who has changed his or her gender to annul their marriages, in case they are married. In 2007, UK outlawed any discrimination of an individual in regard to the provision of services and goods, based on their sexual orientation, and this included divorce. Due to the enactment of these laws and reforms, the right that the LGBT enjoy in the United Kingdom is one of the highest in the world. The Sexual Offences Reform in the UK: In a bid to reform its sexual laws, Scotland initiated the Sexual Offences Act of 2009, which changes the manner in which investigations and sexual crimes are done in Scotland. This law gives so much protection to the victims of sexual crimes, and it gives the judicial system some strength for purposes of dealing with issues related to sexual crimes (Browne, 2006). The Sexual Offences Act modernizes the Justice System in Scotland, and this is by creating a complex system of common law principles, into one legal framework. This is for purposes of addressing sexual crimes that occur in the current century. This act has the following advantages (Browne, 2006), It creates a definition of the term free agreement in relation to sexual relationships, and enshrines it into the law. It gives a replacement of the common laws in regard to rape, and it creates a wide statutory offence which also recognizes the term male rape. This is in regard to homosexuality. The law includes an introduction of new statutory crimes such as sending of offensive sexual texts, through texts, or even email. This law allows the law enforcement agencies in Scotland to arrest and apprehend any Scottish citizen who commits sexual crimes to people under the age of 18 years old, no matter where they are, and regardless of the sexual laws of the countries under consideration. This law recognizes protective offences, and this is aimed at protecting people who do not have the capability to consent, because of their mental disorder, or younger age. It is important to denote that it has been difficult to prosecute sexual offence in the UK, because victims of such an offence are always reluctant to come forward and press charges. This is because victims are always afraid that chances are high that offenders might manage to win their cases in courts (Phoenix, 2009). However, the Sexual Offences Act manages to bring clarity in the definition of the term sexual offences, increasing certainty in the successful prosecution of sexual offenders. This law defines what it means to be a sexual offender, and how to record these crimes, and the process of prosecuting the sexual offenders. This law also has a wider definition of rape, and it includes non-gender sexual activities, which previously were not referred to as rape. On this basis, it gives a wider description of rape, thereby protecting individuals and people from this serious crime (Phoenix, 2009). This will also lead to increase in police prosecutions in regard to sexual offences, protecting the Scottish citizens against sexual predators. This act is just one of the measures that the United Kingdom is initiating for purposes of reforming sexual laws, and investigations. The Sexual Offences Act of 2003 is another law that creates reforms in the field of sexual crimes. This law completely replaces the Sexual Offences Act of 1956, and it gives various definitions of sexual crimes. For instance, this law defines rape as a deliberate penetration of an individual’s anus, mouth, or vagina with his penis, without the consent of the victim. It is important to denote that the 1956 definition of rape did not include the mouth (Phoenix, 2009). This act also prohibits sexual tourism in the United Kingdom, and the government can revoke the passports of tourists accused of sexual tourism. This act also changes the definition of a child, from an individual below the ages of 16, to an individual below the ages of 18 years old. This act also introduces new criminal sexual offences, such as child pornography, and it makes it a crime for anybody to show pornographic materials to children. The law also prohibits any actions of pimping, for purposes of financial gains, and it creates various offences relating to the crime of sexual trafficking. Section 74 of this act gives a definition of sexual consent, and it refers to an agreement to conduct a sexual activity by choice, and having the freedom and capability of making the agreement under consideration (Phoenix, 2009). On this basis, the Sexual offences act of 2003 presented new methods of defining sexual activities, and crimes in the United Kingdom. Conclusion: In conclusion, the United Kingdom has experienced a series of sexual reforms in the last 15 years. One of the major sexual reforms in the United Kingdom is the recognition of the rights of the LGBT. The United Kingdom presents some of the best rights to the LGBT as compared to other countries of the world. The LGBT are allowed to marry, and are protected from discrimination from the various laws enacted in the United Kingdom, and this includes the equality act of 2010. Reforms have not only occurred in recognizing the rights of the LGBT, but also in identifying new sexual crimes, and strengthening the laws in UK for purposes of dealing with sexual crimes. Laws such as the sexual offences act of 2009 and the sexual offences act of 2003 have been created to protect the citizens of the United Kingdom against sexual predators. It is important to denote that the sexual offences act of 2009 only applies to Scotland, while the sexual offences act of 2003 applies to the countries forming the United Kingdom. This laws have identified specific sexual crimes that the police need to deal with, and this includes child pornography, rape, sex tourism, etc. Bibliography: Browne, J. (2006). Sex segregation and inequality in the modern labour market. Bristol, UK: Policy Press. Phoenix, J. (2009). Regulating sex for sale prostitution policy reform and the UK. Bristol: Policy Press. Tyson, D. (2013). Sex, culpability, and the defence of provocation. Abingdon, Oxon [UK: Routledge. Wahl, R. (2011). Occasionalism, Laws and General Will. British Journal for the History of Philosophy, 19(2), 219-240. Read More