Sexual Activity with a Child Family Member

Familial Child Sex Offences

Engaging in Sexual Activity with a Child Family Member

It is an offence under section 25 of the Sexual Offences Act 2003 for a person to engage in sexual activity with a child family member.

The offence is committed if a person (A) intentionally touches another person (B), the touching is sexual, the relation of A to B is within section 27 of the Sexual Offences Act 2003, A knows or could reasonably be expected to know that his relation to B Is of a description within section 27 and; either, B is under 18 and A does not reasonably believe that B is 18 of over, or B is under 13.

The sexual nature of the offences which apply to section 25 of the Sexual Offences Act 2003 include;

• penetration of B’s anus or vagina with a part of A’s body or anything else
• penetration of B’s mouth with A’s penis
• penetration of A’s anus or vagina with a part of B’s body, or
• penetration of A’s mouth with B’s penis.

Inciting a Child Family Member to Engage in Sexual Activity

Section 26 of the Sexual Offence Act 2003 applies where it is alleged that the accused has encouraged a child family member under the age of 18 to touch or allow themselves to be touched by them.  The law specifically states:

A person (A) commits an offence he intentionally incites another person (B) to touch, or allow himself to be touched by, A, the touching is sexual, the relation of A to B is within section 27, A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and either

B is under 18 and A does not reasonably believe that B is 18 or over, or B is under 13.

The maximum sentence for each offence upon conviction is 14 years imprisonment. It is important that each case is assessed and circumstances are considered so tailored specialist advice can be given on sentence in any case.