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If you are suspected or charged with a criminal offence, such as causing or inciting a child to engage in sexual activity, you need to act quickly.
First, where the defendant is over 18 years old.
If the child is under 13, it does not matter whether the adult knew the age of the child. If the child is under 16, the prosecution will need to prove that the adult did not reasonably believe the child was 16 or over. What is ‘reasonable’ will be determined by the jury applying an objective standard.
Second, where the defendant is under 18 years old.
If the child is under 13, the age of the defendant does not matter. An offence can be committed by a child even under the age of 13.
This offence sits alongside other child sexual offences under the Sexual Offences Act 2003, and the same defence principles often apply.
Abuse of trust.
Doctors, school teachers, social workers and health professionals are particularly vulnerable to allegations of sexual misconduct because they frequently work with young or vulnerable people and are seen as being in positions of power or authority. Where work is completed in a one on one environment they are particularly vulnerable to false allegations.
Offences relating to an abuse of trust involve:
- Sexual activity with a child (s.16 Sexual Offences Act 2003)
- Causing or inciting a child to engage in sexual activity (s.17 Sexual Offences Act 2003)
- Sexual activity in the presence of a child (s.18 Sexual Offences Act 2003)
- Causing a child to watch a sexual act (s.19 Sexual Offences Act 2003.
If the complainant is under 18, or has a mental disorder (even if over 18) it is not a defence to claim that the person consented.
The prosecution must prove that the person was in a position of trust. This means that the person must have responsibility for the care of a person under 18.
For an offence under s.16 (sexual activity with a child), the prosecution must prove that the defendant touched the young person sexually. Defence if the defendant reasonably believed the person to be 18 or over but it is up to the defendant to raise this defence. This defence is not available if the child was under 13.
For an offence under s.17 (causing or inciting a child to engage in sexual activity), the prosecution must prove the defendant caused or incited a child to engage in a sexual activity. This offence can arise when a person in a position of trust provides a young person in his or her care to another person. The person in a position of trust does not need to be there at the time of the sexual activity. An offence also arises if a person in a position of trust encourages a young person to do something sexual in his or her presence, even if there has been no physical contact.
These offences be dealt with in the Magistrates’ Court but most will be dealt with in the Crown Court. Maximum sentence is 5 years in prison.
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