Abuse Of Trust Allegations

Legislation:

1. Subject to subsection (2), a person looks after persons under 18 if he is regularly involved in caring for, training, supervising or being in sole charge of such persons.
2. A person (A) looks after another person (B) on an individual basis if—
   1. 1. (a) A is regularly involved in caring for, training or supervising B, and
      2. (b) in the course of his involvement, A regularly has unsupervised contact with B (whether face to face or by any other means).

Positions of Trust are defined in section 21 and 22 of the Act and cover the following possibilities:

1. • Looking after persons in educational establishments
   • Residential settings
   • Hospital, clinic, care homes, or children’s homes

Section 16 – Sexual Activity With A Child

A person aged 18 or over (A) commits an offence if:

1. he intentionally touches another person (B)
2. the touching is sexual
3. A is in a position of trust in relation to B
4. where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and
5. 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 17 – Causing Or Inciting A Child To Engage In Sexual Activity

A person aged 18 or over (A) commits an offence if:

1. he intentionally causes or incites another person (B) to engage in an activity
2. the activity is sexual
3. A is in a position of trust in relation to B
4. where subsection (2) applies, A knows or could reasonably be expected to know of the
   circumstances by virtue of which he is in a position of trust in relation to B, and
5. 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 18 – Engaging in Sexual Activity in the Presence of a Child

A person aged 18 or over (A) commits an offence if:

1. he intentionally engages in an activity
2. the activity is sexual
3. for the purpose of obtaining sexual gratification, he engages in it
   • (i) when another person (B) is present or is in a place from which A can be observed, and
   • (ii) knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it,
4. (d) A is in a position of trust in relation to B,
5. (e) where subsection (2) applies, A knows or could reasonably be expected to know of the
   circumstances by virtue of which he is in a position of trust in relation to B, and
6. (f) 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 age of consent in the UK is 16, however, that rises to 18 where the consensual sexual activity involves one person in a position of trust.

The offences were designed to protect 16 and 17 year olds from being persuaded to engage in sexual activity which would not be criminal except for the offender’s position of trust.

• It would be a defence if ‘A’ held a reasonable belief that ‘B’ was 18 or over.
• ‘A’ would also have a defence if he/she did not know that he/she was in a position of trust or had a reasonable belief that he/she was not in a position of trust.
• If ‘A’ and ‘B’ are married.
• ‘A’ has a defence where he/she can prove that a sexual relationship pre-dated the relationship of trust with ‘B’ (only where that sexual relationship was lawful).

All of these offences are triable either in a Magistrates’ Court or a Crown Court with the maximum sentence being five years imprisonment.

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.