Sexual Offences Involving Children Defence

Being convicted for sexual offences against minors can have severe consequences that impact your life long after your custodial sentence has been served, with the subsequent notification requirements and reputational damage affecting your life for decades to come.

In light of the seriousness of these allegations, it is crucial to have an experienced solicitor on your side as soon as possible, scrutinising evidence, identifying inconsistencies in the allegations and ensuring your defence is properly prepared.

What Are Sexual Offences Against Minors?

Sexual offences against minors cover a range of criminal behaviour involving children and young people, from penetration and sexual touching to grooming, sexual communication and the creation or possession of indecent images. Consent is an important consideration in cases of this nature, with UK law placing specific limits on when a child can legally consent to sexual activity. 

Children under 13 are considered unable to consent to sexual activity, while those aged 13 to 15 are below the general age of consent and are protected by specific laws even where they appear to have agreed to sexual activity. In light of these distinctions, the Sexual Offences Act 2003 recognises three broad categories of offences involving children:

Sexual offences against children under 13

Children below the age of 13 receive the highest level of statutory protection because the law deems them incapable of consenting to sexual activity. While some of the following offences overlap with those applying to children under 16, Sections 5 to 8 of the Sexual Offences Act 2003 specifically address sexual conduct involving children under 13 and carry higher maximum penalties, reflecting the particular vulnerability of children in this age group:

• Rape: Section 5 makes it an offence to intentionally penetrate the vagina, anus or mouth of a child under 13 with a penis. 
• Assault by penetration: Under Section 6, intentionally penetrating the vagina or anus of a child under 13 with a part of the body or anything else constitutes an offence.
• Sexual assault: Section 7 covers intentionally touching a child under 13 in a sexual way. The offence can apply to a broad range of sexual touching and does not require the child to have objected to the conduct.
• Causing or inciting engagement in sexual activity: Section 8 makes it an offence to intentionally cause or incite a child under 13 to engage in sexual activity. The offence can be committed even where the sexual activity does not ultimately take place.

Sexual offences against children under 16

The law continues to provide specific protections for young people aged 13 to 15, who remain below the general legal age of consent. Sexual activity involving a child in this age group will therefore constitute a criminal offence, even where they appear to have agreed to it. Sections 9 to 15 of the Sexual Offences Act 2003 address a range of conduct involving children under 16, including:

• Sexual activity with a child: Section 9 makes it an offence for someone aged 18 or over to intentionally engage in penetrative and non-penetrative sexual activity with a child under 16. 
• Causing or inciting engagement in sexual activity: Section 10 applies where an adult intentionally causes or encourages a child under 16 to engage in sexual activity, including circumstances where the activity does not ultimately take place.
• Sexual activity in the presence of a child: Section 11 covers intentionally engaging in sexual activity while a child under 16 is present. The child does not need to be aware that the sexual activity is taking place.
• Causing a child to watch a sexual act: Section 12 applies where an adult intentionally causes a child under 16 to watch another person engage in a sexual act. This can include making a child watch sexual activity in person or showing them videos or other sexual material for the purpose of obtaining sexual gratification.
• Arranging and facilitating a child sex offence: Section 14 addresses arrangements made with the intention of enabling another person to commit a sexual offence against a child. The offence can therefore apply even where the planned sexual activity does not ultimately occur.
• Meeting a child following sexual grooming: Section 15 applies where an adult has previously communicated with a child under 16 and subsequently meets, travels to meet or arranges to meet them with the intention of committing a sexual offence.
• Making, possessing or distributing indecent images: Section 1 of the Protection of Children Act 1978 covers making, distributing and possessing indecent photographs or pseudo-photographs of children.

Sexual offences against children under 18

Although people aged 16 or 17 can generally consent to sexual activity, the law provides additional protection where an adult holds a position of trust or where the parties are family members. In these circumstances, the relationship itself can make otherwise lawful sexual activity criminal, regardless of whether the child appeared to consent.

• Abuse of position of trust: Section 16 of the Sexual Offences Act makes it an offence for an adult to engage in sexual activity with a 16- or 17-year-old where they occupy a position of trust or authority in relation to that child. 
• Sexual offences within the family: Section 25 and Section 26 cover engaging in sexual activity, or inciting sexual activity, with a family member under 18, recognising this conduct as separate from other sexual offences involving children. Section 27 defines the family relationships relevant to these offences, including parents, grandparents, siblings, half-siblings, step-parents, uncles, aunts and foster parents.

What Is Sexual Communication with a Child?

Sexual communication with a child involves an adult intentionally communicating with someone under 16 in a sexual manner, or encouraging the child to respond with sexual content. This offence applies to communications through various media, including text messages, emails, social media and other forms of written or verbal communication. 

Introduced by Section 67 of the Serious Crime Act 2015, Section 15A was added to the Sexual Offences Act 2003 to address sexual communication with children at an earlier stage of potential grooming offences. While Section 15 focuses on meeting, arranging to meet or travelling to meet a child following communication, Section 15A makes the communication itself an offence, such that an allegation can arise before any physical offence has occurred. 

Sexual Offences Committed by Youths

Under Section 13 of the Sexual Offences Act 2003, any person under the age of 18 who engages in conduct that would constitute an offence under Sections 9 to 12 will instead be charged with a separate youth offence, carrying the maximum sentence of five years’ imprisonment. When deciding whether prosecution is appropriate for offences of this nature, the Crown Prosecution Service (CPS) will consider the circumstances of the young people involved, including:

• Age and understanding of the offender: Consideration will be given to the age of the alleged offender and the extent to which they understand the nature and consequences of their actions.
• Sexual and emotional maturity: The respective levels of sexual and emotional maturity of those involved may affect whether prosecution is considered appropriate.
• Willing participation: Prosecutors will consider whether the sexual activity was genuinely entered into willingly and whether the young people understood what they were doing.
• Parity between parties: The relative sexual, physical, emotional and educational development of either party will be considered, particularly where they are close in age.
• Relationship between parties: The court will consider the nature of the relationship between the young people involved, the duration of their relationship and whether the alleged sexual behaviour would constitute normal adolescent development, rather than indicate exploitation or abuse. 
• Element of exploitation: Evidence of coercion, manipulation, threats, deception or an abuse of trust will weigh in favour of prosecution.
• Underage consent: While consent does not generally provide a defence to these offences, whether a child under 13 appeared to consent may still be relevant when assessing the public interest in prosecution.
• Nature of sexual activity: The extent of the alleged sexual activity, including whether it involved penetration, will be taken into account.

Defences in Sexual Offences Involving Children Cases

Accusations of child sex abuse can have severe consequences, with the most serious offences carrying a maximum sentence of life imprisonment. While certain grooming offences may result in shorter custodial sentences, most people convicted of child sexual offences receive indefinite notification requirements under the Sex Offenders Register. These requirements can affect various aspects of your life after your sentence has been served, including where you can live and work, as well as other restrictions on your freedom. 

Even an allegation without a conviction can cause significant reputational damage, affecting your personal relationships, employment and professional standing to the extent that your life has been irrevocably changed. By instructing a specialist child sexual abuse lawyer from the earliest allegation, they can scrutinise the case to challenge the reliability of the evidence against you and identify any inconsistencies. 

Depending on the particular circumstances of your case, potential defences in sexual offences involving children cases may include:

• Lack of sexual intent: Where the alleged offence requires the prosecution to prove that the defendant acted with sexual intent, presenting evidence that the conduct was not sexually motivated may provide a defence.
• Lack of evidence: The prosecution must prove beyond reasonable doubt that the alleged offence occurred, which means that significant weaknesses, inconsistencies or gaps in the evidence may provide grounds for challenge.
• Mistaken belief of age: For certain offences involving children under 16, demonstrating that the defendant reasonably believed the child was aged 16 or above may provide a defence. However, this does not apply to offences involving children under 13.
• Entrapment: In cases where the accused has been induced or encouraged by law enforcement to commit an offence they would not otherwise have committed, this may provide grounds for challenging the prosecution as an abuse of process.

What Should You Do When Accused of Child Sexual Abuse?

Facing an allegation of child sexual abuse can be an isolating and overwhelming experience. Alongside the uncertainty of navigating an investigation, you may be dealing with the impact of the allegations on your relationships, family life and wider reputation. Managing everyday life while being investigated for such serious allegations can be extremely difficult, especially when you feel unable to discuss what is happening with those closest to you. 

In the two decades that Newtons Solicitors has been supporting clients through investigations of sexual offences involving children, we have come to understand that effective representation in cases of this nature requires more than simply preparing a legal case. Our compassionate child sexual abuse lawyers provide practical and personal support throughout the investigation, including:

• Representation at the police station: Being accompanied by your solicitor during police interviews can significantly improve the outcome of your case, as you will receive appropriate advice on how to respond to questioning and can be confident that your rights are protected at every stage.
• Scrutinising digital forensics: Where allegations involve mobile phones, computers or other forms of digital communication, our solicitors can examine the digital evidence relied upon by the police and identify material that may support your case.
• Scrutinising CPS evidence: We can assess the evidence gathered by the police and consider whether it is sufficient to support the allegations against you.
• Welfare monitoring: The personal impact of a sexual offence allegation cannot be underestimated, and we promise to maintain contact with you throughout the case to ensure that your welfare is not overlooked.

For support with your defence against child sexual offences allegations, or to discuss any other aspect of your case with the members of our compassionate team, please do not hesitate to contact us today to arrange your initial consultation. 

Child Sexual Abuse FAQs