The Devon and Cornwall detective who got a child abuse law changed

A child lay still and pretended to be asleep. Under the law as it stood, that was enough for the person responsible to avoid being charged with the offence.

Five years on, that gap in the law has gone, and the detective who led the original investigation is the reason why.

The case that started it

In 2021, Detective Superintendent James Dowler of Devon and Cornwall Police was the senior investigating officer on a child sexual abuse investigation.

The victim reported that the offender had purposefully engaged in a sex act in their presence, for the offender’s own sexual gratification. The victim froze and pretended to be asleep.

The suspect was arrested. But the law at the time required that a suspect had to “know or believe” the victim was aware of what was happening. The suspect claimed they could not be guilty because they believed the victim was asleep, and the Crown Prosecution Service (CPS) was unable to charge them with this offence.

“I felt this was grossly unfair as it let the victim down and meant the offender got away with their actions,” James Dowler said.

“Not only that, it also created a serious safeguarding risk as there was no potential for the suspect to be monitored as a registered child sex offender in future.”

Years of building the evidence

What followed was several years of work with colleagues across policing, the CPS and the Ministry of Justice, looking for other cases around the country where the same wording had stopped a prosecution.

“I was worried that there could be other cases around the country, with child sex abusers getting away with similar offences,” he said. “The victim had been brave in coming forward and I wanted to ensure they received some sort of justice.”

According to the police force, James Dowler then presented the findings to the Ministry of Justice. Ministers recognised that the legislation needed to be reworded to protect victims and to improve the ability of officers to safeguard vulnerable people by monitoring potential offenders.

What changed in the law

The change came in April this year. The “knowing or believing” element was removed across several offences in the Sexual Offences Act 2003.

It means offenders can now be prosecuted where they commit a sex act in the presence of a child or other vulnerable person for the purpose of their own sexual gratification. Whether they thought the victim was aware of it no longer matters.

The force says this would allow such offenders to potentially be placed on the sex offenders register.

A commendation, and a thank you to the victim

In July, James Dowler was presented with a Chief Constable’s Commendation by Chief Constable James Vaughan.

“What James did went well beyond the everyday expectations of a police officer,” the Chief Constable said. “His determination and perseverance in getting the law changed will safeguard victims across the UK, so I was delighted to present him with a Chief Constable’s Commendation in recognition of his efforts.”

James Dowler thanked his colleagues, the National Police Chiefs’ Council, police legal advisors and others who worked on it with him. He saved his last words for the person who first came forward.

“Because of them, many other children and vulnerable individuals will be better protected.”

‘Believed, heard and supported’

Sarah West, manager of the force’s Victim Care Unit, said the change was a welcome development that will help protect future victims and make sure offenders are held to account.

“As Victim Care professionals, we know how important it is that victims and survivors of sexual abuse feel believed, heard and supported,” Sarah said.

“The courage of the victim who came forward, together with those who refused to accept that justice could not be pursued, has resulted in a lasting change that will better protect children and support victims in seeking justice.”

Anyone affected by sexual abuse can contact the Devon and Cornwall Police Victim Care Unit.