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”

Offences Against Children Under 13

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

Sections 5 – 8 of the Sexual Offences Act 2003 create four offences in relation to offences committed on children under the age of 13.

The offences are:

  • Section 5 – Rape – it is an offence for a person intentionally to penetrate with his penis the vagina, anus or mouth of a child under 13;
  • Section 6 – Assault By Penetration – it is an offence for a person intentionally to penetrate sexually the vagina, or anus of a child under 13 with a part of his body, or with anything else;
  • Section 7 – Sexual Assault – it is an offence for a person to touch a child under 13 sexually;
  • Section 8 – Causing Or Inciting a Child under 13 to Engage in Sexual Activity – it is an offence for a person intentionally to cause or incite a child under the age of 13 to engage in sexual activity.

The Issue of Consent

Consent in relation to the above offences is irrelevant, and offers no defence to the crime.

Government has decided that a child under the age of 13 is not able to consent in any circumstances to any form of sexual activity.

It is not a defence to have a reasonable belief that the child was not under 13.

What Do The Prosecution Have To Prove?

For the Prosecution to obtain a conviction for these offences they only have to prove two things:

  1. That the sexual activity took place and was intentional;
  2. The age of the complainant at the date the activity took place.

The Court Procedure

Sections 5 and 6 are indictable only offences which can only be dealt with in the Crown Court and carry a maximum sentence of life imprisonment.

Section 7 is an either way offence and can be dealt with in the Magistrates’ Court or the Crown Court.

The more serious offences will be sent to the Crown Court, where the maximum sentence is 14 years imprisonment.

Section 8 can be indictable only if penetration is involved and for which a life sentence is the maximum sentence. If the activity does not involve penetration, the offence is either way with a maximum sentence of 14 years imprisonment.

More details in relation to sentencing guidelines for sexual offences can be found here.

Who Can I Contact For Advice & Help?

It is imperative that you instruct an experienced solicitor as soon as you are 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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