Policy paperPositions of trust: Police, Crime, Sentencing and Courts Act 2022 factsheet
1. What are we going to do?
We are extending the “position of trust” offences within ss 16 – 19 of the Sexual Offences Act 2003 to include situations where certain activities take place in a sport or religion.
The “position of trust” offences are intended to target situations where the child has some dependency on the adult involved, often combined with an element of vulnerability of the child. Existing positions of trust are directed at those who are employed to look after children under the age of 18, for example those providing care for a child in a residential care home, hospital or educational institution.
Concerns had been voiced in Parliament and society more widely that the current positions of trust were too narrow, and that an extension to them was required to protect a wider range of relationships where adults held a position of influence or power over 16 and 17 year olds.
The further positions of trust were drafted following a Ministry of Justice (MoJ) review which engaged with stakeholders across the youth and criminal justice sectors, including the police, the Crown Prosecution Service (CPS), sports bodies, victims’ groups, and religious organisations.
Together with the further positions of trust that have been drafted we are intending to include provisions in the Act to allow additional positions of trust to be added via secondary legislation should that prove necessary.
Maybe legally they haven't got around to including celebrities, casting couch type things because the stories that have made the news have been historic.
4.3 Q: Why only those individuals who coach, teach, train, supervise or instruct in a sport or a religion? Did you consider expanding the further “positions of trust” to cover other specific situations?
Those who carry out certain activities in a sport or religion are particularly influential over a child’s development. For example, sports coaches have unique opportunities for physical contact, and can hold major influence over a young person’s career and future development. Similarly, those who carry out certain activities in a religion often have significant influence over a young person’s spiritual and religious development, often against a background of emotional vulnerability or immaturity. Both situations also have very high levels of trust, influence, power and authority and (particularly in the case of those involved in a religion) these figures are well established, trusted and respected in the community.
It's safe to say that a high profile celebrity could also hold major influence over a young persons career and future development, and that in a case such as this there are high levels of influence, power and authority and that the figure is well established, trusted and respected.
So just because the law hasn't got round to it criminalising it when it comes to certain roles it doesn't make it any better.
Also in regards to what you said about twitter, no giving someone advice doesn't automatically mean there was a breach of trust, but giving someone advice on twitter could have had a sinister motive.