Please, won’t someone think of the children (Part II)

So it is done. Congratulations to all those who wanted Craig Thomson sacked. Hearts have ripped up his contract and consigned him to the dustbin. Well done. This storm over how Hearts Football Club have reacted following the conviction of their player, Craig Thomson, for sexual offences towards children is a very dangerous one. People should be careful what they wish for.

Let us consider Craig Thomson. He pleaded guilty to the charges lewd and libidinous and indecent behaviour towards girls aged 12 & 14 whilst being fully aware of the girls ages. He was fined £4000 and placed on the Sex Offenders Register (SOR) for 5 years.

Yes this was a bad crime and it appears he was in an established behaviour pattern that should have changed as he entered his later teens but it didnt. Greater minds than I, and the many others talking about this situation, have created a list of possible punishments relating to the charges he pled guilty to. A fine and placement on the SOR has been deemed a suitable punishment. There are no special child protection measures being placed upon him. Since sentences in cases such as this are always passed following various specialist reports written by people whose primary knowledge is child protection, it has been concluded that he is not a risk to children and young people. If we respected our courts and had faith in the child protection measures laid out by the Scottish Parliament then thats were it should have ended. But it didn’t.

I think that a great many people have misunderstood what being on the SOR actually means. Craig Thomson now must tell the police where he lives, and if he moves tell them within 3 days of moving. He can be photographed and finger prints checked every time he goes to the police station to advise them of any change in circumstances. He must advise police if he is going on holiday for a period of longer than seven days. The local police force can enact further surveillance and put in place prevention measures such as denying the offender access to a computer. Hearts, had they maintained their previous position, could easily have prevented any direct contact or interaction with children. Listening to Children 1st you would think that in allowing him to stay on, Hearts had basically said that he was now in charge of youth development, school visit programmes and would be totally free to abuse entire youth teams. It is an interesting accusation that has been made that he, having been guilty of those relatively minor (in terms of sex) offences, would immediately jump from inappropriate behaviour online to much more dangerous and harmful activities. Its a strange accusation since he would be under some considerable pressure to remain away from any child involved with Hearts. Yet that is the accusation that Children 1st and others have made and it just added to the pressure in already difficult situation.

The furore over this situation has resulted in a sponsor ending a business deal with Hearts, citing the fact that they see themselves as a family orientated firm. Indeed, Hearts have been called a family club and questions have been asked about how Hearts could continue employing him given that children come into the football ground. There are 3,000 known sex offenders in Scotland (not in prison) and, if organisations like Children 1st are to be believed, many more that are not known. It is possible that there are other child sex offenders inside the football ground other than Craig Thomson but I am willing to bet that he would have been the most watched, carefully scrutinised and supported-to-make-sure-they-dont-reoffend one of them. Yet nothing has been said about that.

There are child sex offenders with little or no support that addresses their offending behaviour. Yes they are managed. They have been assessed. They are monitored. But their behaviour is not addressed fully in an environment that supports them, an environment that has nurtured them for at least a decade, that will ensure that even as they go about their daily activities, they are kept in check and children actively protected. The vast majority of child sex offenders don’t have that. Craig Thomson did. Craig Thomson, for the next 15 years at least, was going to be at the lowest end of the reoffending scale. He had been at that club for years, growing up within its walls, being shaped by it and basically letting it become his identity. Now all of that has been shattered. He has, in effect, lost who he is and who he thought he would become.

And that is a good thing for a man on the SRO is it? Is it a good thing, that in the name of child protection, he has lost access to high quality support? Is it a good thing, that in the name of child protection, he is moved away from dedicated daily monitoring by several people at his employers? Is it a good thing, that in the name of child protection, he has jumped up the scale of those likely to reoffend? Why has an offender, in employment, in a supportive but also monitoring environment been instead moved into unemployment (and will not find employment elsewhere as I’ll come to in a moment), moved onto state benefits (in the near future), moved into state provided housing (for lack of a job) and moved into a community where vulnerable teenage girls already live (as thats where most state housing is)? Is this really child protection? Is it really child protection to increase the likelihood of him reoffending or even worse. Given that, to him, his identity has been erased, his aspirations turned to dust and his future unknown is it more or less likely that his dangerous behaviour will increase and he harms others, himself or both? That is child protection is it? I have been surprised that those who campaign for those people who live in vulnerable communities, those who seek to support the most vulnerable in society have been the most keen to have child sex offenders placed in the very environments they seek to improve.

What is worrying is that what has happened to Craig Thomson will result in greater employment problems for child sex offenders, more offenders living on benefits, more offenders not having access to supportive environments and more child sex offenders having to be homed in the same communities as already vulnerable children and young people. The reason for this are terms like “family club” and “family values”. The “family” nature of the employer and it sponsors has been used to ensure that they had to sack Thomson eventually.

No employer is ever going to want to face the charge of not having family values, not being pro-children or being anti-child protection like Hearts were. Look at the storm kicked up by Children 1st. How can any employer not fear a similar response if they either stand by or hire a sex offender. Hearts sponsor macb didnt want to be associated with Hearts due to their desire to be associated with strong family values and felt Hearts did not have those values as the retained Craig Thomson. So, obviously, macb will never hire a sex offender. Can anyone now think of a business that would not claim to have strong family values or risk being accused of being anti-child protection like Children 1st did to Hearts? Why would any business risk a Twitter storm, Facebook hatred or even just a negative news story? Answer is they wouldn’t. Or a charity? Would that not put funding at risk? Risk donations drying up? Why would a charity take on a child sex offender now?

How about a public sector body? One of the issues of mighty concern to Children 1st was the potential for Thomson to have indirect contact with children. I cant think of a job that wouldn’t have the potential for indirect contact with children. You can just imagine opposition politicians making statements along the lines of “non-child abusers cant get work, why are we hiring that type of person?”. Marvellous. There is now nowhere for child sex offenders to work. Clearly it was hard before but now its impossible.

And without employment sex offenders will live on state benefits, life in state housing in the same areas as vulnerable children. Most sex offenders actually cause far more harm than Craig Thomson ever did (I await now someone telling me that seeing a picture of a mans genitals is just as bad, just as likely to result in lifelong therapy as, for example, being kidnapped and anally raped several times at the age of 10). If this is how society reacts to an employer wanting retain an employee who was guilty of exceptionally bad and inappropriate online behaviour then those who have done worse will have no chance of getting a job.

So this is the Scotland of 2011. So fearful and full of hate for sex offenders that we actually cant see that this reaction is actually preventing rehabilitation, increasing the likelihood of recidivism and putting more children and young people at risk? Is that really Zero Tolerance on Child Abuse?

There can really be no rehabilitation? No change to show a change of behaviours, no chance of redemption? All that awaits is the scrapheap? Given that is what has been demanded by Children 1st for Craig Thomson, its all that awaits all child sex offenders. That is a dangerous thing. People without hope and without support may well try to find solace in the one thing that they know gives them a level of satisfaction. Offending against children and young people. Thats child protection is it?

An argument has been put forward that this is a special case. That Craig Thomson, as a footballer, is somehow deserving of a punishment that is greater than that administered through the Scottish legal system. I disagree. But if fame and status as a role model is important to child protection then there is a lot of hypocrisy in Scotland. For example, many people really like the West Wing but I have yet to hear someone in Scotland say that it should be banned as one of the principle actors, Rob Lowe, is a convicted child sex offender. Does that not give a message to victims or potential abusers. Look – we all like someone famous who gets paid an awful lot for playing a role we really like!

I don’t recall a boycott in Scotland of the film Pianist. Directed by Roman Polanski who as admitted unlawful sex with a 13 year old girl. I cant recall all those who get giddy about the Oscars being annoyed that this pedophile director was awarded as Best Director and the film nominated for a total of 7 Oscars, winning three of them. He even won an BAFTA. What message does that give? We dont mind him having sex with 13 years old because he makes damn fine films? And we like the awarding organisations who praised this child sex offender so much we watch them every year.

I am not even going to start on the Catholic Church and its decades of protecting pedophile priests. Or the ongoing appeal of Michael Jackson. Even Elvis was attracted to Priscilla when she was just 14.

Fame and being a role model have nothing to do with child protection (unless we are being hypocritical and its just famous and role model footballers). Neither does hounding a registered sex offender out of a job and into a life that greatly increases the chances of them harming children. Child protection must be, should be, so much more than moral outrage. It should be about preventing abuse, catching offenders when prevention doesn’t happen and stopping reoffending. This has been made harder today.

Please, wont someone think of the children

Crimes against children, especially sexual crimes, are rightly a cause for great concern in society. In fact, the issue of child protection has been covered at least three times by the Scottish Parliament in less than a decade. In 2003 the Protection of Children (Scotland) Act allowed for the creation of a list of persons deemed unsuitable for working with children. This list process was replaced and improved with the implementation of the Protection of Vulnerable Groups (Scotland) Act 2007. Further issues to do with sexual contact with children formed parts of the Sexual Offences (Scotland) Act 2009. Clearly, concern regarding sexual offences against children has been high in our legislators minds.

This legislation sets out the jobs that people should be barred from if they have been found guilty of a sexual offence against children (actually they go further than that but for the purposes of this post thats all I need to cover). For reasons unknown, all the groups interested in child protection (voluntary sector, social work bodies etc) neglected to ask the Scottish Government to include “famous” people, people in a “privileged” position, people in a “high profile” position, people who some (but not all) would call “role models”. Not a single person or group submitted evidence that these people should not be allowed to work with children if convicted of a sexual offence against them.

And quite rightly. After all, the legislation and the lists are not about being famous, being privileged or a role model. The lists are about protecting children. The lists seek to stop those who would harm children from working with children. I think that, as a society, we can agree that this is a good thing.

But recent events have shown that stopping offenders working with children is not enough for some. For some, if a person can be defined as famous to some, described by some as a role model and arbitrarily defined as working in a privileged job then there should be a further punishment. A punishment that goes beyond what anyone as asked for, provided evidence that is necessary for or even highlighted as important before. A punishment that is beyond what is asked for by law. What this punishment actually is I supposed what will depend on what some sections of society demand at any given point. The variables about fame, privilege and role model status mean that it will be impossible to predict what this extra-judicial punishment is but we can use a current situation as guidance.

Up until late last week I could not have told you who Craig Thomson was. I had never heard of him. It was only a brief story on the BBC News website about him pleading guilty to offences of a sexual nature towards children that told me he played for Hearts football club. I did have a passing thought wondering what Hearts would do but I concluded that if he received jail time then his career is over but if not then Hearts may keep him on as he can be well managed as a registered sex offender. As it turns out, Hearts have chosen the second option. A boy do to the Mrs Lovejoys out there have a problem with that.

Leading the charge has been Children 1st (previously Royal Scottish Society for Prevention of Cruelty to Children (RSSPCC)) who have appeared in a number of media outlets demanding that Hearts “look again” at their decision. Interestingly they have not actually come out and said that Hearts should sack Thomson. Asked several times today on BBC Radio Scotland Call Kaye programme, Children 1st Chief Executive Anne Houston was asked several times what Hearts should do about Thomson himself and she declined to give an answer.

I think I know why. Legally everything that needs to be done has been done. Hearts know that Thomson is a registered sex offender so will now ensure that they meet all of their child protection duties. There is not a single legal basis for Hearts to sack Thomson. The job title of Footballer is not a proscribed one when it comes to the legislation and various lists that are used to protect children. Thomson had previous contact with children in schools which will now stop and his contact with youth teams will end and contact with others like ball boys & girls can also be ended. Interestingly Children 1st have cited “indirect contact” with children as another source of concern but I cant actually find what that means. Pretty much every job has the chance of indirect contact with children so should all sex offenders be barred from employment?

Child protection procedures have been shown to work as designed in this case. Thomson was caught, he plead guilty and has been punished. He will be subject to monitoring, evaluation and risk assessment as he is on the sex offenders register. He will have no contact with children. The system has worked.

But a child protection system that works as designed is clearly not enough for some. More punishment is being sought. Yet it is being sought in a very obtuse manner. Rather than have the courage of their convictions and openly demand the sacking of Thomson the statement released today by Children 1st accuses Hearts of “Not taking action to protect children from the risk of sexual harm” and states “Allowing convicted sex offenders to continue working where they will have … contact with children goes against the purpose of the Sex Offenders Register”. Neither of these statements can be shown to be true. I cant work out why Children 1st have all but said that Hearts are allowing Thomson to abuse children in the future.

Children 1st, and others, have decided that due to interpretations of fame, privilege and role model status that there should be extra judicial punishment dished out to Craig Thomson and that makes me very uncomfortable. As a Liberal I am a firm believer in clear and transparent laws and that a free-from-influence judiciary are the mechanism through which those laws are, ultimately, applied. If the laws of the land are not enough then it is up to people to seek new clear and transparent legislation from our parliament as opposed to arbitrary applications of nebulous concepts like fame.