Age of consent should be lowered to 13 to stop persecution of old men and sex assault victims SHOULDN’T get anonymity, says leading barrister
Copied from Daily Mail 8th May 2013
- Barbara Hewson is a barrister at Hardwicke chambers in London
- She described Operation Yewtree arrests as a ‘grotesque spectacle’
- Claimed disgraced Stuart Hall’s crimes were ‘low level misdemeanors’
- NSPCC said her ‘outdated and simply ill-informed’ views ‘beggars belief’
PUBLISHED: 19:03, 8 May 2013 | UPDATED: 19:29, 8 May 2013
The age of consent for sex should be lowered to 13-years-old in a bid to end the ‘persecution of old men’ in the wake of the Savile sex abuse scandal, a top female barrister has argued.
Lawyer Barbara Hewson described the arrests of celebrities such as Rolf Harris, Dave Lee Travis, Jim Davidson and PR guru Max Clifford under Operation Yewtree as a ‘grotesque spectacle’ adding it had ‘nothing to do with justice or the public interest’.
Ms Hewson, a barrister at Hardwicke chambers in London, described the crimes committed by disgraced broadcaster Stuart Hall as ‘low level misdemeanours’ which would not normally be prosecuted.
In an article for online magazine Spiked, Ms Hewson, who specialises in reproductive rights, also calls for the end of anonymity for complainants.
Children’s charity the National Society for the Prevention of Cruelty to Children (NSPCC) said to hear such ‘outdated and simply ill-informed’ views from a highly-experienced barrister ‘beggars belief’.
Her comments come as Scotland Yard runs Operation Yewtree, an investigation split into three inquiries into allegations involving deceased presenter Jimmy Savile, involving Savile and others and those involving just others.
A number of high-profile figures have been arrested under Yewtree such as entertainer Rolf Harris, former pop star Gary Glitter, DJ Dave Lee Travis, comedian Jim Davidson and PR guru Max Clifford. All deny any wrongdoing.
Ms Hewson argues that ‘the post-Savile witch-hunting of ageing celebs echoes the Soviet Union’ and says that it is not difficult to see why some elderly defendants ‘conclude that resistance is useless’.
She adds: ‘But the low-level misdemeanours with which Stuart Hall was charged are nothing like serious crime.’
Ms Hewson continues: ‘Ordinarily, Hall’s misdemeanours would not be prosecuted, and certainly not decades after the event.
‘What we have here is the manipulation of the British criminal-justice system to produce scapegoats on demand. It is a grotesque spectacle.’
‘A grotesque spectacle’: Lawyer Barbara Hewson criticised the arrests of celebrities including (clockwise from top left) Rolf Harris, Max Clifford Dave Lee Travis and Jim Davidson, in the wake of the Jimmy Savile sex inquiry
She continues: ‘It’s time to end this prurient charade, which has nothing to do with justice or the public interest.’
The barrister adds: ‘Instead, we should focus on arming today’s youngsters with the savoir-faire and social skills to avoid drifting into compromising situations, and prosecute modern crime.
‘As for law reform, now regrettably necessary, my recommendations are remove complainant anonymity, introduce a strict statute of limitations for criminal prosecutions and civil actions and reduce the age of consent to 13.’
Ms Hewson argues that ‘touching a 17-year-old’s breast, kissing a 13-year-old, or putting one’s hand up a 16-year-old’s skirt’ are not comparable to cases such as the Ealing Vicarage rape or Fordingbridge gang rape and murders from 1986.
She adds: “Anyone suggesting otherwise has lost touch with reality.’
And Ms Hewson labels charities like the NSPCC and the National Association for People Abused in Childhood (Napac) as “moral crusaders’ who have infiltrated Yewtree.
Peter Watt, director of the NSPCC helpline, said: “These outdated and simply ill-informed views would be shocking to hear from anyone but to hear them from a highly experienced barrister simply beggars belief.
‘Stuart Hall has pleaded guilty to abusing children as young as nine years old, we think most people would agree that crimes of this nature are incredibly serious. Thankfully the law, and most people, are very clear on this matter.
‘To minimise and trivialise the impact of these offences for victims in this way is all but denying that they have in fact suffered abuse at all. Any suggestion of lowering the age of consent could put more young people at risk from those who prey on vulnerable young people.
‘And we must strongly defend the right for victims to remain anonymous and to ask for justice no matter when they choose to come forward.
‘Many who are abused are bullied, blackmailed and shamed into staying silent, often well into adulthood. We must always be prepared to act no matter how long ago the abuse occurred.
‘The actions of those who speak out also protect others from abuse and give confidence to other vitimcs to come forward.’
Ms Hewson is regularly ranked as a Leading Junior by The Legal 500 in the fields of public and administrative law, human rights and civil liberties, and professional discipline and regulatory law, according to her chambers’ website.
She has won cases in the European Court of Human Rights, the Supreme Court and High Court of the Republic of Ireland.