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Familial Child Sex Offences
The Legislation
Sexual Offences Act 2003 (‘the Act’)
The offences created by Sections 25 and 26 of the Act apply where there is a family relationship between ‘A’ and ‘B’.
What Is A Family Relationship?
Section 27 of the Act provides definition as to what is a family relationship and the following scenarios are covered:
- First, those listed in subsection (2), such as parent, grandparent, brother, sister, step-parent, half-brother, half-sister, uncle, aunt, foster parent etc., will always be family members.
- Second, those listed in subsection (3), such as partner of the other’s parent or cousins, will only be family members if A lives, or has lived, in the same household or is, or has been, involved in the caring, supervising or sole charge of the child.
- The third category is similar to the second except that it applies only to those who are currently living in the same household e.g. an au pair who has responsibility for the child.
The Offences
Section 25 – Sexual Activity With A Child Family Member.
A person (A) commits an offence if—
(a) he intentionally touches another person (B),
(b) the touching is sexual,
(c) the relation of A to B is within section 27,
(d) A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and
(e) either—
(i) B is under 18 and A does not reasonably believe that B is 18 or over, or
(ii) B is under 13.
Section 26 – Inciting A Child Family Member To Engage In Sexual Activity.
A person (A) commits an offence if—
(a) he intentionally incites another person (B) to touch, or allow himself to be touched by, A,
(b) the touching is sexual,
(c) the relation of A to B is within section 27,
(d) A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and
(e) either—
(i) B is under 18 and A does not reasonably believe that B is 18 or over, or
(ii) B is under 13.
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...
The Court Procedure
- If the offence involves penetration, the charge is indictable only and will be heard in the Crown Court.
- If there is no penetration, the charge can be heard either in the Magistrates’ Court or Crown Court.
The maximum sentence is fourteen years imprisonment.
What Factors Could Influence The Sentence?
When determining the seriousness of the offence the following maybe relevant:
- the nature of the sexual activity
- the age and degree of vulnerability of the victim
- the age gap between the victim and the offender and
- the nature and extent of the breach of trust arising from the family relationship.
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