Familial Child Sex Offences

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’.

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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 | Explained

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

What is 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.

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CHAMBERS UK
Words cannot express the way I feel knowing that the Jury believed my innocence of the allegations made against me…I am very grateful to my Lawyer and Barrister for the level of support throughout my case. I can now live without the stigma of being a sexual offender.
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This has been a very harrowing experience for me and my family. There have been some very dark moments over the last 12 months or so but I have had to stay strong in order to fight these false allegations. I have been helped enormously by my solicitors who have dealt with my matter with patience and great diligence. The support I received during the trial was fantastic and I would like to extend a special thank you to them.
CLIENT
I contacted Kangs Solicitors having been arrested for an allegation of rape. I was in complete shock at what had happened as I had been falsely accused and I needed immediate experienced legal support. Upon meeting the senior partner of Kangs Solicitors, Hamraj Kang, I felt that they immediately understood my situation due to their considerable experience dealing with such cases. I was very comfortable with the way they sympathetically explained how they could assist me and what I would need to do with their help to prepare my case. My case was prepared to an exceptionally high standard. Kangs selected the perfect barrister for my situation in order to fight my case. I am just so thankful that I instructed Kangs Solicitors as they really have made a huge difference to my life. Thank you.
CLIENT
Criminal Litigation, Sexual Offences
KANGS has successfully defended our 29-year-old client, charged with sexual offences against children under Sections 10 and 15A of the Sexual Offences Act 2003 (‘the Act’). Helen Holder of KANGS reports on this successful outcome. The Relevant Law | Sexual Offences Act 2003 The Act provides as follows: Section 10 - Causing or inciting a […]
30/05/24
Criminal Litigation, Sexual Offences
The Anti-Social Behaviour, Crime and Policing Act 2014 introduced Sexual Harm Preventions Orders (a ‘SHPO’), to replace Sexual Offences Prevention Orders. A SHPO aims to protect the public from sexual harm by restricting the activities of the person against whom they are issued. For example, prohibiting the downloading of indecent images of children or access […]
24/05/24
Criminal Litigation, Sexual Offences
KANGS has recently represented a client in his successful application to Wood Green Crown Court to discharge an Indefinite Sexual Harm Prevention Order (‘the Order’) which was imposed in 2016. Helen Holder of KANGS outlines the circumstances. The Circumstances Indefinite Sexual Harm Prevention Order Our client sought a discharge, or, failing that, a variation of […]
21/05/24

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