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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

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Further to Helen Holder’s article on ‘Upskirting’, which appeared on this website on June 21st 2018, the Voyeurism (Offences) Act 2019 (the ‘Act’) became law on the 12th February 2019. Cagin Husnu of Kangs Solicitors sets out the law. The Offences | Kangs Sexual...

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Further to his previous article ‘Intimidatory Offences Sentencing Guidelines’ Naz Maqsoom of Kangs Solicitors now expands upon those new Guidelines specifically in respect of the offence of Disclosing Private Sexual Images (‘the offence’). The Offence | Kangs Sexual...

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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

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

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

Birmingham

2 Wake Green Road, Moseley
Birmingham, B13 9EZ

0121 449 9888

London

9 Carmelite Street, City of London
London, EC4Y 0DR

020 7936 6396

Manchester

Pall Mall Court 61-67 King Street
Manchester, M2 4PD

0161 618 1098