Whether the existing law affords adequate protection to children and young persons against sexual acts committed against them or other indecent conduct; whether the method by which this protection is given is satisfactory; and, in particular, whether any changes are desirable in the law relating to indecent assault and the legal presumption that a child under the age of consent (at present 16) is deemed to be incapable of consenting to sexual acts.

The protective function of the law has always favoured the weak, vulnerable and immature, particularly against those in a position of trust. Children are by their very nature easily influenced by adults, either for good or for evil, and the effects of abuse of this trust can be far-reaching. There are, of course, situations in which the child is aware of the adult’s misbehaviour, but in such circumstances the child’s irresponsibility is rightly assumed whereas that of the adult is particularly culpable.