Winner of the Legal 500 - 'Criminal, Fraud & Licensing Law Firm of the Year'
"One of, if not the best, criminal specialist firms in the country" (Legal 500)
Engaging In Sexual Communication With A Child
The Legislation
On the 3rd April 2017 Section 67 of The Serious Crime Act 2015 inserted a new section 15A into the Sexual Offences Act 2003 and created an offence of “engaging in sexual communication with a child.”
The offence is committed when:
(1) A person aged 18 or over (A) commits an offence if—
(a) for the purpose of obtaining sexual gratification, A intentionally communicates with another person (B),
(b) the communication is sexual or is intended to encourage B to make (whether to A or to another) a communication that is sexual, and
(c) B is under 16 and A does not reasonably believe that B is 16 or over.
(2) For the purposes of this section, a communication is sexual if—
(a) any part of it relates to sexual activity, or
(b) a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider any part of the communication to be sexual;
and in paragraph (a) “sexual activity” means an activity that a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider to be sexual.
The Offence In Detail
The new offence criminalises conduct where an adult intentionally communicates, for example, by e-mail, text message, written note or orally, with a child under 16, whom the adult does not reasonably believe to be aged 16 or over, for the purpose of obtaining sexual gratification, if the communication is sexual or intended to encourage the child to make a communication that is sexual.
The new offence is designed to ensure that it does not criminalise, for example, ordinary social or educational interactions between children and adults or communications between young people themselves.
It is clear from case law that the prosecution would succeed where, either a defendant made a relevant communication in order to obtain immediate sexual gratification or, the obtaining of such gratification was part of a longer term plan, or both.
Case law states that “sexual gratification” has a wide meaning and may take many forms.
Latest News
Teacher Convicted of Sex Offences | Kangs Sexual Offences Defence Solicitors
A school teacher, who is a British National, has recently been convicted at Kingston Crown Court in respect of sexual offences against two children at a school in the United Arab Emirates. Amandeep Murria of Kangs Solicitors outlines the circumstances. The Team at...
Sexual Harm Prevention Order Quashed | Court of Appeal | Kangs Sexual Offences Defence Solicitors
In January 2022 the Court of Appeal heard an appeal against the imposition of a Sexual Harm Prevention Order (‘SHPO’) upon the Appellant which was due to run for a period of five years. The offensive material was seized in October 2017 but the Appellant was not...
Delighted Client | Sexual Harm Prevention Order Varied | Guildford Crown Court
Kangs Solicitors has successfully represented a client before Guildford Crown Court who wished to obtain the variation of a Sexual Harm Prevention Order which was imposed in October 2015. Helen Holder of Kangs Solicitors reports on the circumstances. The Circumstances...
Sexual Offences Arrests | Kangs Sexual Offences Defence Solicitors
It has recently been reported that nineteen men have been arrested for alleged offences involving rape and sexual assault committed over a period of twenty years. Following their interviews, they have all been released on bail pending further police enquiries....
Delighted Client | Unanimous ‘Not Guilty’ Verdict | Kangs Sexual Offences Defence Solicitors
Kangs Solicitors has successfully defended a client tried at Worcester Crown Court for alleged rape. The trial, which concluded on 1 July 2021, has been reported in the press and can be followed on the following links: Worcester Barman Cleared of RapeWorcester Barman...
What Defences Are Available?
A defence may be available to an accused who can show that it was reasonably believed that the person with whom he/she was communicating was over 16.
The Court Procedure
The new offence is an ‘either-way offence’ meaning it can be dealt with either in the Magistrates’ or the Crown Court.
The offence carries a maximum sentence of 2 years imprisonment in the Crown Court and will mean an automatic placement on the Sex Offenders Register.
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.
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
Birmingham
34 St Paul's Square,
Birmingham, B3 1QZ
0121 449 9888
London
Level 1, Devonshire House, One Mayfair Place
Mayfair, London, W1J 8AJ
020 7936 6396
Manchester
76 King Street
Manchester, M2 4NH