A senior Devon and Cornwall detective has succeeded in closing a legal loophole that allowed offenders to get away with engaging in sexual activity in the presence of children.
In 2021, Detective Superintendent James Dowler was the senior investigating officer for a child sexual abuse investigation.
The victim in this case reported that the offender purposefully engaged in a sex act in their presence, for their own sexual gratification. The victim froze and pretended to be asleep.
After the incident the suspect was arrested, but they exploited a loophole in the law, which at the time meant that the suspect had to “know or believe” that the victim was aware of what was happening.
The suspect claimed that they couldn’t be guilty of the offence as they believed the victim to be asleep and the Crown Prosecution Service (CPS) were unable to charge the offender with this offence.
D/Supt Dowler recalled: “I felt this was grossly unfair as it let the victim down and meant the offender got away with their actions.
“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.
“I was worried that there could be other cases around the country, with child sex abusers getting away with similar offences.
“The victim had been brave in coming forward and I wanted to ensure they received some sort of justice.
“I worked hard for several years with colleagues across policing; the CPS and the Ministry of Justice to identify other cases nationally whereby child abusers had got away with similar behaviour on account of this legal loophole.”
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Having built a convincing evidence base, D/Supt Dowler presented the findings to the Ministry of Justice.
Ministers recognised that the legislation needed to be reworded to protect victims and improve the ability of the police to safeguard vulnerable people by monitoring potential offenders.
In April 2026 the law was changed to remove this loophole across several offences in the Sexual Offences Act (2003).
The “knowing or believing” element was removed, thereby allowing offenders to be prosecuted simply where they commit a sex act in the presence of a child or other vulnerable person for the purpose of their own sexual gratification.
This would allow for these offenders to potentially be placed on the sex offenders register, thereby protecting children and other vulnerable persons and meaning these predators would not get away with their abuse.
In recognition of his work, D/Supt Dowler was presented with a Chief Constable’s Commendation by Chief Constable James Vaughan in July.
Detective Superintendent James Dowler of Devon and Cornwall Police has helped close a child sex abuse legal loophole (Image: Detective Superintendent James Dowler)
D/Supt Dowler concluded: “I want to thank everyone who worked on this with me.
“It wouldn’t have been possible without my colleagues, the National Police Chief’s Council, police legal advisors and many others.
“Finally, this is a testament to the bravery and resilience of the victim.
“Because of them, many other children and vulnerable individuals will be better protected.”
Chief Constable James Vaughan said: “What James did went well beyond the everyday expectations of a police officer.
“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.”
Sarah West, Victim Care Unit manager, said: “As Victim Care professionals, we know how important that victims and survivors of sexual abuse feel believed, heard and supported.
“The closure of this legal loophole is a welcome development that will help protect future victims and ensure offenders are held to account for their actions.
“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.”
If you or someone you know have been affected by sexual abuse, contact the Victim Care Unit by calling 01392 475900, emailing VictimCareUnit@dc.police.uk or visiting www.victimcaredevonandcornwall.org.uk
