Sexual Offences Against Children Under 13
Expert Legal Guidance in Child Sexual Offence Allegations
Being falsely accused of engaging in sexual activity or arranging or encouraging a child under 13 to take part in such activity can have severe consequences. As well as damaging your relationships and reputation, a guilty verdict could result in life imprisonment. Given the serious nature of these charges, it is crucial for the accused to seek legal representation with in-depth experience and comprehensive knowledge in handling cases involving sexual offences.
At KANGS, our nationally renowned team of solicitors offer a compassionate approach to managing sensitive legal issues. We possess significant expertise in sexual offence defence, which allows us to expertly address the complexities of serious legal matters.
Why choose us:
- We approach every case with diligence, commitment and a relentless pursuit of the best possible outcome. Our team will manage your case with discretion and compassion, understanding the emotional and personal challenges you may be facing.
- Our solicitors provide clear, expert guidance every step of the way, from initial consultations to courtroom proceedings. We are committed to keeping you fully informed, helping you understand your options and ensuring you feel confident in your defence.
- Every case is unique so our approach involves a thorough investigation of the facts, meticulous preparation and tailored legal strategies designed to address the specific circumstances of your case. We are committed to ensuring that every client receives the fair and thorough representation they deserve.
If you are facing allegations or charges related to offences against children under thirteen, reach out to us for help with this challenging situation. Call and schedule a confidential consultation with one of our experienced defence solicitors. We will listen, advise and defend your rights with the utmost dedication.
Testimonials
Got a question?
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.
-
- 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:
What is legislation for offences against children under 13?
Rape and other offences against children under 13 are governed by sections 5-8 of the Sexual Offences Act 2003.
The Legislation:
Section 5 - Rape of a child under 13
(1) A person commits an offence if—
- he intentionally penetrates the vagina, anus or mouth of another person with his penis, and
- the other person is under 13.
Section 6 - Assault of a child under 13 by penetration
(1) A person commits an offence if—
he intentionally penetrates the vagina or anus of another person with a part of his body or anything else,
- the penetration is sexual, and
- the other person is under 13.
Section 7 - Sexual assault of a child under 13
(1) A person commits an offence if—
- he intentionally touches another person,
- the touching is sexual, and
- the other person is under 13.
Section 8 - Causing or inciting a child under 13 to engage in sexual activity
(1) A person commits an offence if—
- he intentionally causes or incites another person (B) to engage in an activity,
- the activity is sexual, and
- B is under 13.
(2) A person guilty of an offence under this section, if the activity caused or incited involved—
- penetration of B’s anus or vagina,
- penetration of B’s mouth with a person’s penis,
- penetration of a person’s anus or vagina with a part of B’s body or by B with anything else, or
- penetration of a person’s mouth with B’s penis.
Key point: Consent in the above offences is irrelevant. A child under 13 does not, under any circumstances, have the legal capacity to consent to any form of sexual activity.
Consent for sexual activity if under 13
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:
- That the sexual activity took place and was intentional
- The age of the complainant at the date the activity took place
What is 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 help or advice if accused of a sexual offence?
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.
News & Insights
Possession of Indecent Images
Get in touch
Send an enquiry
