Sexual Communication With A Child
Protecting Your Rights Amid Serious Accusations
Whether you have been falsely accused or facing charges of engaging in sexual communication with a child, the consequences can be severe. As well as serious legal repercussions like imprisonment, the impact on your reputation, relationships and career can be equally devasting.
Our solicitors are experienced in handling cases involving sexual communication with a child. They possess extensive knowledge of the Sexual Offences Act 2003 and are adept at navigating the complexities of these serious charges. With a history of successful defence, our team is committed to protecting our clients' rights and securing the best possible outcome.
Our services include:
- Expert Representation: We carry out comprehensive investigations, gather evidence and work with expert witnesses to build a strong defence. Our solicitors offer vigorous representation throughout the entire court process, from initial hearings to the trial. In many cases our aim is to challenge the prosecution’s case and achieve the best possible outcome.
- Reliable Communication: Our solicitors ensure you stay informed and involved every step of the way, helping you understand your options and feel confident in your defence.
- Utmost Confidentiality: We handle every case with the utmost sensitivity and confidentiality. Our goal is to ensure that you feel respected and heard throughout the legal process.
If you are facing charges of engaging in sexual communication with a child, it is crucial to immediately seek legal representation. Contact us to schedule a confidential consultation with one of our experienced criminal defence solicitors. We are here to support you every step of the way and work tirelessly to protect your future.
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How can KANGS help?
Our team of specialist solicitors provide the following services:
- Initial Consultation and Legal Advice: Confidential consultation to discuss the case details, provide an initial assessment and advise on legal rights and options.
- Police interviews: representation during police interviews, ensuring our client's rights are protected.
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- Representation at a voluntary interview under caution
- Representation at an interview under caution following arrest
- Preparation of pre-charge representations to the CPS or Police
- Representation in Magistrates’ Court and Crown Court proceedings
- Recommendations on selecting a barrister or King's Counsel (KC), as the cross-examination of the complainant and other prosecution witnesses often plays a pivotal role in court proceedings.
Contact KANGS
The expert lawyers at KANGS are available to assist you. We can arrange initial consultations in person, by video call or telephone.
Please contact one of our experts listed below or contact us at:
Engaging In Sexual Communication With A Child Offence Explained
The offence criminalises conduct where an adult intentionally communicates with a child under 16, for example, via e-mail, text message, written note or verbally, whom the adult does not reasonably believe to be aged 16 or over. This applies when the communication is sexual in nature or intended to encourage the child to make a communication that is sexual, for the purpose of obtaining sexual gratification.
The offence is designed to ensure that it does not criminalise, for example, ordinary social or educational interactions between children and adults or communications between young people themselves.
It is clear from case law that the prosecution would succeed where, either a defendant made a relevant communication to obtain immediate sexual gratification or, the obtaining of such gratification was part of a longer-term plan, or both.
Case law states that “sexual gratification” has a wide meaning and may take many forms.
What is considered sexual communication with a child?
The Legislation:
Section 15 of the Sexual Offences Act 2003
15A Sexual communication with a child
- A person aged 18 or over (Y) commits an offence if—
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- for the purpose of obtaining sexual gratification, Y intentionally communicates with another person (Z),
- the communication is sexual or is intended to encourage Z to make (whether to Y or to another) a communication that is sexual, and
- Z is under 16 and Y does not reasonably believe that Z is 16 or over.
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- For the purposes of this section, a communication is sexual if—
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- any part of it relates to sexual activity, or
- a reasonable person would, in all the circumstances but regardless of any person's
purpose, consider any part of the communication to be sexual;
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In paragraph (a) “sexual activity” means an activity that a reasonable person would, in all the circumstances but regardless of any person's purpose, consider to be sexual.
What defences are available for allegations of sexual communications with a child?
A defence may be available to an accused who can show that it was reasonably believed that the person with whom he/she was communicating was over 16.
What is the Court Procedure?
The new offence is an ‘either-way offence’ meaning it can be dealt with either in the Magistrates’ or the Crown Court.
The offence carries a maximum sentence of 2 years imprisonment in the Crown Court and will mean an automatic placement on the Sex Offenders Register.
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.
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