Kangs Solicitor
BIRMINGHAM: 0121 449 9888
LONDON: 020 7936 6396
MANCHESTER: 0161 817 5020

Winner of the Legal 500 – ‘Criminal, Fraud & Licensing Law Firm of the Year’ – “One of, if not the best, criminal specialist firms in the country”

Familial Child Sex Offences

Legal 500

“This is a first class firm with unrivalled experience, a great track record, an acute attention to detail and a tenacity that clients really rate are all features of this firm”

The Legislation

Sexual Offences Act 2003 (‘the Act’)

The offences created by Sections 25 and 26 of the Act apply where there is a family relationship between ‘A’ and ‘B’.

What Is A Family Relationship?

Section 27 of the Act provides definition as to what is a family relationship and the following scenarios are covered:

  • First, those listed in subsection (2), such as parent, grandparent, brother, sister, step-parent, half-brother, half-sister, uncle, aunt, foster parent etc., will always be family members.
  • Second, those listed in subsection (3), such as partner of the other’s parent or cousins, will only be family members if A lives, or has lived, in the same household or is, or has been, involved in the caring, supervising or sole charge of the child.
  • The third category is similar to the second except that it applies only to those who are currently living in the same household e.g. an au pair who has responsibility for the child.

The Offences

Section 25 – Sexual Activity With A Child Family Member.

A person (A) commits an offence if—

(a) he intentionally touches another person (B),

(b) the touching is sexual,

(c) the relation of A to B is within section 27,

(d) A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and

(e) either—

(i) B is under 18 and A does not reasonably believe that B is 18 or over, or

(ii) B is under 13.

Section 26 – Inciting A Child Family Member To Engage In Sexual Activity.

A person (A) commits an offence if—

(a) he intentionally incites another person (B) to touch, or allow himself to be touched by, A,

(b) the touching is sexual,

(c) the relation of A to B is within section 27,

(d) A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and

(e) either—

(i) B is under 18 and A does not reasonably believe that B is 18 or over, or

(ii) B is under 13.

The Court Procedure

  • If the offence involves penetration, the charge is indictable only and will be heard in the Crown Court.
  • If there is no penetration, the charge can be heard either in the Magistrates’ Court or Crown Court.

The maximum sentence is fourteen years imprisonment.

What Factors Could Influence The Sentence?

When determining the seriousness of the offence the following maybe relevant:

  • the nature of the sexual activity
  • the age and degree of vulnerability of the victim
  • the age gap between the victim and the offender and
  • the nature and extent of the breach of trust arising from the family relationship.

Who Can I Contact For Advice & Help?

It is imperative that you instruct an experienced solicitor as soon as you are made aware of an allegation being made.

Crucially it is always important to have a solicitor present in interview at the police station whether it is an interview by appointment or under arrest.

Legal 500

“Kangs Solicitors is rated for the ‘proactive, expert defence’ it provides to executives and high-net-worth individuals”

Legal 500

“One of, if not the best, criminal specialist firms in the country”

Chambers UK

“Its is a first rate firm that is dedicated to its clients and is tenacious in challenging the prosecution”

Legal 500

“It has very bright individuals at all levels who know the system inside out”

Legal 500

“Kangs Solicitors is a standout firm whose lawyers are hardworking, highly knowledgeable and great with clients”

Chambers UK

“They are really great lawyers. Their client care is premium”

Chambers UK

“Kangs is a very proactive firm. They are always very quick off the mark in cases, which provides clients with great reassurance. They are always available to meet with clients at short notice, which is invaluable as often the advice sought is urgent”

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