As a recipient of a “sexual risk” order in the U.K., you can be banned from having sex — and even go to jail — if you don’t give the police 24 hours notice first.
Under what is termed a sexual risk order, a court can approve the action to prevent a person having sex with another person unless they give the local police a notification 24 hours in advance.
Initially, the legislation was brought in to prevent sex offenders from committing a crime, but it can now reportedly be used for minor offenses or at the discretion of the police department involved. Police officers and the National Crime Agency in the U.K. now merely need the permission of a magistrate before passing out a sexual risk order.
Sexual Risk Order requires man to give Police 24 Hours Notice of Intention to have sex – Criminal Guilt not required https://t.co/igcv6lUN0Q
— Liam Gregory (@LGY_Law) January 22, 2016
The Mirror reported the story Friday of an unnamed man in York who has been told he must inform the police 24 hours before he has sex or he could land up in jail. A request was made by the North Yorkshire Police earlier this week, and the court approved the action, saying the man must always inform officers 24 hours in advance and he must name the person he is planning on having relations with.
In the York man’s case, police have also placed controls on his use of the internet and has told him to inform them of every device he owns or has access to that could be used to go online or make contact with other people.
The order will run up until May 19 this year, after which it can be extended. Typically, if the man is in breach of the sexual risk order, he can face up to five years behind bars. The man involved has reportedly never been convicted of a sexually related crime, and the report gives no reason for the order imposed on him.
Reportedly, the idea of the sexual risk order was first proposed back in October 2013 by the then-Policing and Criminal Justice Minister Damian Green and was incorporated into the existing Antisocial Behavior, Crime, and Policing Bill.
The order is aimed to make it easier for police to monitor and restrict the sexual activities of anyone deemed to pose a risk of sexual harm to others.
Once an order is approved, both local police forces or the National Crime Agency are then able to apply it to anyone they deem fit. Not only can that person no longer have sex with someone without informing the police 24 hours in advance, but they also must name their potential sex partner. Reportedly, the sexual risk order can also restrict the internet use of the person who receives it, as in the case of the York man.
According to a report in the Telegraph , there is no maximum duration on the sexual risk order , and the orders carry a minimum period of two years.
https://t.co/ZEXBHIX4JN . That’s a bit harsh, guess no more spontaneity for him. Has to plan sex in advance. #Ridiculousness #ironic
— Omena (@Suave64) January 22, 2016
As to the potential recipients of a sexual risk order, they can be applied to anyone in the U.K. the authorities may deem likely to pose a risk of sexual harm, whether in the country or when traveling abroad. The recipients do not need to have been convicted of any crime, nor does the imposition of the sexual risk order require the victim having ever been cautioned by police officers in the past.
While initially the order was used in the case of a serious risk of sexual harm, it can now be used in less serious cases or at the whim of the police department involved.
When Green proposed the new legislation back in 2013, he said it was vital to “tighten the law on sex offenders and make it easier for police to monitor them.” However, not everyone agrees with the idea of the sexual risk orders, with the campaign group Liberty criticizing the introduction of the order at that time.
The group reportedly said in a statement at that time that they opposed “the dangerous breadth and intrusiveness of these powers.” It does tend to take the spontaneity out of the moment somewhat by having to plan so far in advance.
[Image via Flickr by Paul Simpson/ CC BY-NC-ND 2.0 ]