A legal loophole that allowed hundreds of child abusers to escape prosecution has been closed, Justice Secretary Kenneth Clarke announced. From Monday, anyone who deliberately causes or allows serious physical harm to a child or vulnerable adult faces up to 10 years in prison in England and Wales.
The new offence, under the Domestic Violence, Crime and Victims (Amendment) Act 2012, also enables prosecutions of individuals who stay silent or blame someone else. Clarke stated the move strengthens child protection, saying, 'If you fail to take steps to stop a child being killed, you're equally responsible.'
The change follows cases where prosecutions failed because the specific abuser could not be identified. Examples include a five-month-old baby with a brain haemorrhage and fractured skull, and a two-week-old with broken bones, where no one was charged despite non-accidental injuries.
The 2007 death of Baby Peter in north London highlighted the gap. After months of abuse, his mother, her boyfriend, and a lodger were jailed for causing his death, but if he had survived, they could not have been prosecuted for the injuries. Clarke emphasised the need to protect vulnerable people and ensure abusers face justice.
Andrew Flanagan of the NSPCC called the law change 'a real victory for children,' noting adults can no longer inflict horrific injuries and evade responsibility by staying silent or blaming others.
