Sexual Offences Involving Children
McArthur Solicitors provide clear, proactive legal advice for those accused of sexual offences involving children. Our child abuse defence solicitors are here to provide clear, unbiased advice on your case.
What Are Sexual Offences Against Children?
Sexual offences against children are defined under the Sexual Offences Act 2003. The law applies to all offences involving individuals under the age of 18, and includes specific offences for abuse of a position of trust and grooming.
The age of consent in the UK is 16, and any sexual activity that occurs before this age will be classed as an offence. Rape, sexual assault, and assault by penetration all carry heavy penalties under UK law.
Other sexual offences against children include:
- Causing or inciting a child to engage in sexual activity
- Engaging in sexual activity in the presence of a child
- Causing a child to watch a sexual act
- Arranging and facilitating child sex offences
- Meeting a child following sexual grooming
- Making, possessing, or distributing indecent images
Sexual offences can also be committed between children aged between 16 and 18, even when consent is given. This includes:
- Abuse of a position of trust: this is aimed at protecting young adults considered vulnerable to exploitation.
- Sexual offences within the family, such as parents, adoptive parents, and other family members.
Sexual Communication With A Child
Under Section 15A of the Sexual Offences Act 2003, as amended by the Serious Crime Act 2015, it is an offence for a person aged 18 or over to intentionally communicate with a child under 16 for the purpose of obtaining sexual gratification. A message or conversation will be considered sexual if any part of it relates to sexual activity, or if a reasonable person would regard it as sexual in nature.
This offence covers all forms of communication, including messages sent electronically, verbally, or in writing. It can involve explicit conversations, requests for indecent images or videos, or attempts to engage the child in sexual activity, even if no meeting ever takes place.
The offence is triable either way, meaning it can be dealt with in the Magistrates’ Court or the Crown Court. The maximum sentence is two years’ imprisonment, and anyone convicted will be placed on the Sex Offenders Register. Courts may also impose a Sexual Harm Prevention Order (SHPO) to restrict further behaviour.
When sentencing, the court will consider the offender’s culpability and the level of harm caused or intended. Higher culpability will be found where there is deliberate planning, grooming over time, or targeting of multiple children. Lower culpability may apply when the communication is opportunistic or limited in nature.
In terms of harm, cases involving significant psychological distress to the child, highly explicit sexual content, or repeated communication will fall into Category 1 (high harm). Those involving limited or less explicit content may be classed as Category 2 or 3, depending on the degree of distress or risk involved.
Aggravating factors include prior sexual convictions, abuse of trust, or deliberate targeting of vulnerable children. Mitigating factors might include genuine remorse, an early guilty plea, or lack of previous offending. Sentencing will always reflect the seriousness of the offence and the need to protect children from sexual exploitation.
Historic Child Sexual Offences
Historic sexual offences refer to cases of sexual abuse that took place years, or sometimes decades, before being reported. Victims often take many years to come forward due to the emotional and psychological impact of the abuse. These cases are highly sensitive and can be complex, as the passage of time often means that forensic evidence is unavailable and the case may depend heavily on witness testimony.
Despite these challenges, such offences are treated with the utmost seriousness. The law requires that charges be brought under the legislation in force at the time of the alleged conduct, although sentencing today reflects current judicial understanding of harm, culpability, and victim impact.
Sentencing outcomes vary according to the nature of the offence, the age and vulnerability of the victim, and the long-term psychological consequences. For example, historic indecent assault can attract up to 10 years’ imprisonment, while historic rape or serious sexual assault may result in a life sentence.
The courts consider factors such as the extent of abuse, breach of trust, repeated offending, and the emotional harm caused. The passage of time does not reduce the seriousness of the offence, although it may be relevant when assessing the offender’s personal circumstances or risk of reoffending.
Child Sexual Offence Sentencing
The maximum sentence for child sexual offences is live imprisonment. The courts assess several factors to determine the appropriate sentence, including the harm inflicted and culpability of the perpetrator.
For offences involving children under the age of 13, the harm is assessed and split into 3 categories:
Category 1
The most severe category, category 1 offences regard cases that include:
- Severe physical/psychological harm
- Abduction
- Violence or threats of violence
- Forced or uninvited entry into victim’s home
Category 2
Category 2 offences are still severe, and include aspects such as:
- Touching of naked genitalia or naked breast area
- Prolonged detention/sustained incident
- Additional degradation/humiliation
- If the child is particularly vulnerable due to extreme youth and/or personal circumstances
Category 3
If factors in categories 1 and 2 are not present, the offence may be categorised as a category 3 offence.
Culpability (the level of wrongdoing) is then assessed, which takes into consideration many elements:
Culpability A:
- The perpetrator has planned the offence
- The perpetrator has acted with clothes to commit the offence
- The use of drugs or alcohol on the victim to facilitate the offence
- Previous violence against the victim
Culpability B:
None of the above factors are applicable.
Aggravating and Mitigating Factors
There are several aggravating and mitigating factors that might apply to child sexual offence cases. Aggravating factors can influence the courts handing down a harsher sentence, whereas mitigating factors could result in some more leniency.
Aggravating factors include:
- Any previous convictions
- If the offence is committed while on bail for another crime
- Specifically targeting a vulnerable child (such as age, illness, or disability)
- Using a weapon to frighten or compel the victim
- Attempts to dispose of or conceal evidence
Mitigating factors include:
- Demonstrating remorse
- The presence of a mental disorder or disability
- Personal circumstances and background
However, sexual offences involving children are treated deeply seriously by the courts, and mitigating factors may not result in a lesser sentence.
Why Choose McArthur Solicitors
Facing charges of sexual offences involving children can have a long-term impact, affecting your personal and professional life.
With a proven history of successfully defending clients, the team at McArthur Solicitors is on hand to help. We handle accusations of sexual offences or sexual communication involving children with the utmost discretion and confidentiality, ensuring you feel respected, heard, and supported throughout the entire legal process.
Get in touch with us today to book your initial consultation with one of our specialists.
What To Do If You’re Accused Of A Sexual Offence Involving A Child
Being accused of a sexual offence that involves a child can be highly distressing and confusing. The most important step you can take is to get in touch with a dedicated sexual offence solicitor as soon as possible.
Speaking to the police without a legal representative can harm your defence. The team at McArthur Solicitors can act quickly to attend your police interview with you to help protect your rights and provide actionable advice.
Defending Against Child Sexual Abuse Accusations
Simply communicating with a child doesn’t constitute an offence – in many cases, it will be immediately apparent whether the communication is sexual.
Child sexual abuse solicitors will review the content of the messages and other evidence to assess whether there is reasonable belief that the accused thought they were communicating with someone over the age of 16. Evidence of attempts to verify age can further strengthen this defence.
Specialist sexual offence solicitors will work with all the evidence to assess how best to defend against the accusations and secure the best possible outcome for your case.
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Sexual Offences Involving Children FAQs
Investigations into allegations of child sexual abuse are conducted with great care by the police and child protection authorities. They often involve gathering witness statements, digital evidence, and medical or forensic reports. Police or authorities may request access to your phone or computer to review any messages.
False allegations can be devastating both emotionally and professionally. If you are accused, the most important thing you can do is seek immediate legal advice before making any statements to the police.
Our defence team at McArthur Solicitors will carefully review the evidence, challenge inconsistencies, and gather supporting material that may help demonstrate your innocence. We understand the serious stigma and stress such accusations bring, and we will work tirelessly to protect your reputation and secure the best possible outcome.
You are not automatically placed on the Sex Offenders Register simply because you have been accused of an offence. The register only applies if you are convicted or receive certain formal cautions for a qualifying sexual offence.
If convicted, the length of time on the register depends on the sentence imposed. However, our focus at McArthur Solicitors is always on preventing wrongful conviction in the first place. We will explore every avenue of defence to avoid a finding of guilt and its associated consequences.
Yes. If you have been convicted of a child sexual offence and believe that the trial was unfair, that legal errors were made, or that new evidence has come to light, you may have grounds to appeal.
At McArthur Solicitors, we can review your case in detail, advise on the strength of your appeal, and represent you through the appeal process. Time limits are strict, so it is important to seek advice as soon as possible after conviction.
When a person is convicted of a sexual offence, the court may impose ancillary orders alongside the main sentence. These are additional legal measures designed to protect the public, restrict future behaviour, or support victim safety.
Common ancillary orders in sexual offence cases include:
- Sexual Harm Prevention Orders (SHPOs): Restricting contact with children, use of the internet, or access to certain locations.
- Sex Offenders Register (Notification Requirements): Requiring the offender to register their details with the police for a set period.
- Disqualification from Working with Children or Vulnerable Adults: Preventing the offender from employment or voluntary roles involving such contact.
- Restraining Orders or Exclusion Orders: Preventing contact with victims or prohibiting attendance at specified places.
Whether you receive an ancillary order depends on the nature of the offence and the level of risk you pose. The court will assess each case individually. These orders are preventive rather than punitive, but breaching them is a separate criminal offence that can lead to further imprisonment.
