Member

The new offence would be a non-imprisonable offence with a maximum penalty of an unlimited fine. As this will be a sexual offence, victims will be entitled to automatic anonymity and be eligible for special measures at trial. I know that many Peers are concerned about the maximum penalty we propose for this offence and share the view of the noble Baroness, Lady Owen, that this defence should attract a custodial sentence, which she has put forward in her Amendment 6. I reassure the House that we have considered this very carefully, as we always do when creating new criminal offences. We are confident that the maximum penalty of an unlimited fine is appropriate for a new offence such as this, which captures a wide range of behaviour.