Sexual Communication With A Child

Have you been accused of speaking online with a minor? Our lawyers are here to defend you.


Being accused of communicating with a child can have devastating consequences including imprisonment. It is important to seek specialist legal advice so your case can be prepared as strongly as possible and so that you receive the support you need.


What is a Sexual Communication?


Sexual communication with a child is a criminal offence under section 15A of the Sexual Offences Act 2003. If the accused is convicted of a sexual communication offence they could be sentenced to a maximum of two years in prison, but also face the consequences of the notification requirements of the Sex Offenders Register, and a Sexual Harm Prevention Order for a duration of  at least five years.


To prove you are guilty of an offence of sexual communication with a child the police must work to prove the following:


  1. A communication. There must be evidence that you have communicated with another person and;
  2. The communication is sexual or intended to encourage a child to make a sexual communication. This means you have
  3. The person you have communicated with is under the age of 16 years old.
  4. That you are over the age of 18, and you did not reasonably believe that the person you were communicating with was over 16 years old.

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Defences For Sexual Communication With a Child Offences


If you have been accused of speaking to a minor online, and that conversation became sexual then you may have a perfectly legitimate defence. It is our job to assist you in building that defence and providing robust presentation of it to the police, and the Crown Prosecution Service.


We often represent clients where they had the reasonable belief that they were speaking with an adult, or an adult posing as a child for the purposes of role play. Looking at the context of the conversation, how and where it started, the mental capacity of the accused are all relevant factors we would consider.


There are also issues that may arise which do not form a defence but can create problems for the evidence the prosecution want to rely on, such as evidence that arises from undercover police decoys and paedophile hunter groups.

Police Decoys and Hunter Groups


It is common for police officers or “hunter groups” to pose as children on online chat forums and social media platforms with the aim to “catch” alleged paedophiles seeking out children for the purpose of sexual communication and possibly even further offences. The officer or hunter group will pretend to be a child, and quite often will send photos to add credibility to their “character”.  These photos are computer generated and are not photos of a real child.


When preparing a case which falls upon the evidence gathered by the undercover police officer, or hunter group we must consider the reliability of it, whether it has been gathered fairly, if the accused has been encouraged and/or wrongly led - which could amount to an abuse of process. The legal arguments that arise to challenge the credibility and lawfulness of this evidence can be technical and having specialist defence lawyers for sexual communication offences is crucial.



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What is the Sentence for Sexual Communications with a Child?


Culpability A Culpability B
Category 1 - Sexual images have been sent or received, and/or significant psychological harm or distress is caused, or very likely to have been caused Starting Point: 18 months custody Category Range: 9 months - 2 years' custody Starting Point: 1 years' custody Category Range: High level community order - 18 months custody
Category 2 - Factor(s) in category 1 are not present Starting Point: 1 years' custody Category Range: High level community order - 18 months custody Starting Point: 6 months custody Category Range: Medium level community order - 1 years custody

Factors which would place a case in culpability A include:

  • Abuse of trust
  • Use of threats (including blackmail), gifts or bribes
  • Targeting of a particularly vulnerable child
  • Commercial exploitation and/or motivation
  • Soliciting images
  • Offender acted together with others to commit the offence


Where these factors are not present in the case, then the offending will fall into culpability B.


When the court have placed the offence into the correct bracket, mitigating and aggravating features will be considered which may adjust the starting point.


Examples of mitigating factors:

  • No previous convictions or no relevant/recent convictions
  • Remorse
  • Positive character and/or exemplary conduct (regardless of previous convictions)*
  • Isolated offence
  • Age and/or lack of maturity (which may be applicable to offenders aged 18-25) 
  • Demonstration of steps taken to address offending behaviour


Examples of Aggravating factors:

  • Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction
  • Offence committed whilst on bail
  • Offence motivated by, or demonstrating hostility based on any of the following characteristics or presumed characteristics of the victim: religion, race, disability, sexual orientation or transgender identity




Other Considerations to Have In a Sexual Communication With a Child Case


It is common in the communication that takes place for there to be sexualised images exchanged between the adult and the child, instructions to the child to carry out a sexual act, or an arrangement to meet for sexual purposes. Therefore, additional serious offences can be arise as a result of the sexual communication such as; making indecent images of a child, arranging to meet following sexual grooming, inciting a child to engage in sexual activity and a relatively new offence of intentionally sending or giving a photograph or film of any person's genitals with the intent to cause alarm, distress or humiliation. The police will want to charge the accused with any additional offences that arise.


How We Can Help In Sexual Communication With a Child Offences


Our team provide advice and representation in sexual communication cases, regularly defending cases in the Magistrates, Crown Court and Court of Appeal. Working with some of the country's leading barristers and forensic experts we can ensure your case is properly examined and where possible defended.


Being accused of a sexual offence can be scary, the consequences of the Sex Offenders Register, Sexual Harm Prevention Orders and imprisonment can cause huge amount of stress and worry. Our dedicated team will stay in contact with you throughout your case not only providing legal advice and representation, but also non judgemental support and guidance to make the most process more bearable for you.


With Eventum Legal, you gain more than just legal representation; you gain a partner who is committed to protecting your rights, your reputation and your future.


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