Sexual Offences Against Children Under 16
Dedicated Legal Support for Child Offence Allegations
Facing false allegations of offences involving a child under sixteen can have a devastating impact on relationships, reputation and career. Whether the accusation involves inciting a child to engage in sexual activity, having sex in the presence of a child, or causing a child to watch a sexual act, a conviction could result in a prison sentence of up to fourteen years. Given the gravity of these charges, it is crucial for the accused to seek the best legal representation available.
At KANGS, our award-winning team of solicitors offers a compassionate approach to managing highly sensitive legal issues. With deep expertise and extensive knowledge in criminal defence in relation to sexual offences, we are skilled in navigating the complexities of these serious charges.
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 16, do not take on this difficult situation alone. Contact us to schedule a confidential consultation with one of our experienced defence solicitors. We will listen, advise and defend your rights with the utmost dedication.
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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:
What is legislation for offences against children under 16?
The Legislation:
Sections 9 – 13 of the Sexual Offences Act 2003 create offences in relation to activity committed with a child under the age of 16.
Section 9 - Sexual activity with a child
A person aged 18 or over (A) commits an offence if—
- he intentionally touches another person (B),
- the touching is sexual, and
either B is under 16 and A does not reasonably believe that B is 16 or over, or B is under 13.
Section 10 - Causing or inciting a child to engage in sexual activity
A person aged 18 or over (A) commits an offence if—
- he intentionally causes or incites another person (B) to engage in an activity,
- the activity is sexual, and
either B is under 16 and A does not reasonably believe that B is 16 or over, or B is under 13.
Section 11 - Engaging in sexual activity in the presence of a child
A person aged 18 or over (A) commits an offence if—
- he intentionally engages in an activity,
- the activity is sexual,
- for the purpose of obtaining sexual gratification, he engages in it—
- when another person (B) is present or is in a place from which A can be observed, and
- knowing or believing that B is aware, or intending that B should be aware, that he is engaging in it, and
either B is under 16 and A does not reasonably believe that B is 16 or over, or B is under 13.
Section 12 - Causing a child to watch a sexual act
A person aged 18 or over (A) commits an offence if—
- for the purpose of obtaining sexual gratification, he intentionally causes another person (B) to watch a third person engaging in an activity, or to look at an image of any person engaging in an activity,
- the activity is sexual, and
either B is under 16 and A does not reasonably believe that B is 16 or over, or B is under 13.
Section 13 - Child sex offences committed by children or young persons
A person under 18 commits an offence if he does anything which would be an offence under any of sections 9 to 12 if he were aged 18.
Key Point: Consent is irrelevant to the above offences.
Consent for sexual activity if under 16
The age of consent, in the main, in the UK is 16. It matters not whether that sexual activity concerns two boys, two girls or a boy and a girl.
Therefore, sexual activity with a person under 16 is unlawful even if it is consensual.
Consent in relation to the above offences is irrelevant.
However, there is a defence if there is a reasonable belief that the child is 16 or over. This does not apply if the child was 12 or under.
What is The Court Procedure?
Sections 9 and 10 are indictable only offences when penetration has occurred and carry a maximum sentence of 14 years imprisonment. If there is no penetration, the matter can be dealt with in the Magistrates’ Court or the Crown Court depending on the seriousness of the offence.
The offences in section 11 and 12 are either way offences with the maximum sentence in the Crown Court of 10 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.
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