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    "Noted for the excellence of its white-collar defence practice"

    Chambers & Partners, 2014 edition

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    "Outstanding financial crime defence practice"

    Chambers & Partners, 2014 edition

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    "It’s a deluxe firm which pulls out all the stops for its clients"

    Chambers & Partners, 2014 edition

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    "They are the market leaders for serious crime’"

    Chambers & Partners, 2014 edition

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    "Kangs has an excellent reputation. They care about their clients and go the extra mile for them"

    Chambers & Partners, 2014 edition

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    "Kangs Solicitors is a standout firm"

    Legal 500, 2014 edition

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    "Kangs Solicitors is in the highest tier of firms"

    Legal 500, 2014 edition

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    "Hamraj Kang is noted for his very sharp legal brain"

    Legal 500, 2014 edition

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    "Kangs Solicitors fields a team of ‘technically able solicitors’
    and is well regarded for its serious crime and fraud work"

    Legal 500, 2014 edition

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    "Hamraj Kang is a shrewd tactician and very experienced"

    Legal 500, 2013 edition

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    "What the team is known for - handles an extensive array of criminal matters
    including murder, drugs and white-collar crime"

    Chambers & Partners 2013 edition

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    "Adept at dealing with cases that have an international dimension"

    Chambers & Partners 2013 edition

    Offences Against Children Under 13

    The Legislation

    Sections 5 – 8 of the Sexual Offences Act 2003 create four offences in relation to offences committed on children under the age of 13. 

    The offences are:

    • Section 5 – Rape – it is an offence for a person intentionally to penetrate with his penis the vagina, anus or mouth of a child under 13;
    • Section 6 – Assault By Penetration – it is an offence for a person intentionally to penetrate sexually the vagina, or anus of a child under 13 with a part of his body, or with anything else;
    • Section 7 – Sexual Assault – it is an offence for a person to touch a child under 13 sexually;
    • Section 8 – Causing Or Inciting a Child under 13 to Engage in Sexual Activity – it is an offence for a person intentionally to cause or incite a child under the age of 13 to engage in sexual activity.

    The Issue Of Consent

    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:

    1. That the sexual activity took place and was intentional;
    2. The age of the complainant at the date the activity took place.

    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 Advice & Help?

    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.

    To discuss an allegation of a sexual offence involving a child under 13 in further detail contact:

    Hamraj Kang
    hkang@kangssolicitors.co.uk
    07976 258171 | 020 7936 6396 | 0121 449 9888

    Helen Holder
    hholder@kangssolicitors.co.uk
    0121 449 9888 | 07989 521210

    Fran Murray
    fmurray@kangssolicitors.co.uk
    020 7936 6396 | 07989 521210

    Cagin Husnu
    chusnu@kangssolicitors.co.uk
    0121 449 9888 | 07989 521210

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