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    Chambers & Partners, 2014 edition

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

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    "They are the market leaders for serious crime’"

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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"

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

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

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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
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    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.

    The offences are:

    Section 9 – Sexual Activity With A Child

    The elements of the offence are:

    • (A), aged 18 or over, intentionally touches (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

    The elements of the offence are:

    • (A) aged 18 or over, 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

    The elements of the offence are:

    • (A), aged 18 or over, intentionally engages in sexual activity
    • (A’s) purpose is to obtain sexual gratification when (B) is present or can observe
    • (A) knows, or believes, that (B) is aware of the activity or intends that (B) should be aware 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

    The elements of the offence are:

    • (A), aged 18 or over, intentionally causes a child under 16 (B) to watch another person engaging in an activity, or to look at an image of any person engaging in an activity
    • (A’s) purpose is to obtain sexual gratification
    • 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.

    The Issue Of Consent

    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.

    How Do The Offences Differ?

    The only distinction between sections 9 – 12 is that they all refer to the different ways in which the sexual activity may take place.

    The important points to bear in mind are that the activity is consensual, the suspect is over 18 years old, the complainant is likely to be between 13-15 years old and whether there is an objectively reasonable belief that the complainant was consenting.

    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 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 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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