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.