A SENIOR police officer has helped bring about a change in the law after identifying a legal loophole that allowed offenders to avoid prosecution for carrying out sexual acts in the presence of children.

Detective Superintendent James Dowler, who was a senior investigating officer in a child sexual abuse case in 2021, became concerned after an offender appeared to exploit a gap in legislation.

The victim reported that the offender had deliberately carried out a sexual act in their presence for their own sexual gratification.

The victim froze during the incident and pretended to be asleep.

The suspect was arrested, but could not be charged with the relevant offence because the law at the time required prosecutors to establish that the offender ‘knew or believed’ the victim was aware of what was happening.

The suspect claimed they believed the victim was asleep, meaning the Crown Prosecution Service was unable to bring a charge under that offence.

D/Supt Dowler said he felt the situation was ‘grossly unfair’ to the victim and raised concerns that the loophole could have wider implications for safeguarding.

He began working with colleagues across policing, the Crown Prosecution Service and the Ministry of Justice to identify other cases where offenders may have avoided prosecution because of the same legal requirement.

After building evidence of the issue, D/Supt Dowler presented his findings to the Ministry of Justice.

Ministers subsequently recognised that changes were needed to strengthen protections for children and vulnerable people.

In April 2026, the law was changed across several offences under the Sexual Offences Act 2003.

The requirement for prosecutors to prove that an offender ‘knew or believed”’the victim was aware of the sexual activity was removed.

The change means offenders can now potentially be prosecuted where they carry out a sexual act in the presence of a child or other vulnerable person for the purpose of their own sexual gratification, regardless of whether they believed the victim was aware of what was happening.

Those convicted may also be subject to notification requirements on the sex offenders register, providing an additional safeguarding measure.

D/Supt Dowler was recognised for his work in July when Chief Constable James Vaughan presented him with a Chief Constable’s Commendation.

Chief Constable Vaughan said D/Supt Dowler’s efforts went ‘well beyond the everyday expectations of a police officer’, adding that his determination to secure a change in the law would help safeguard victims across the UK.

D/Supt Dowler said the change was ultimately a result of the courage of the original victim in coming forward.

‘I want to thank everyone who worked on this with me’, he said.

‘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’, he added.

Sarah West, manager of the Victim Care Unit, said the closure of the loophole was a ‘welcome development’ which would help protect future victims and ensure offenders were held accountable.

She added that the courage of the victim, alongside those who continued to pursue the issue, had resulted in a lasting change that would better protect children and support victims seeking justice.

Anyone affected by sexual abuse can contact the Victim Care Unit on 01392 475900 or email [email protected].

The service is available Monday to Friday from 8am to 8pm, and weekends and bank holidays from 9am to 5pm.