Sexual Communication With A Child
Have you been accused of speaking online with a minor? Our lawyers are here to defend you.
Criminal Defence Lawyers For Child Sexual Offence Charges
Allegations of sexual communication with a child are among the most serious accusations an individual can face. The legal, personal and reputational consequences can be devastating even without a conviction.
If you are under investigation or have been charged with sexual communication under section 15A of the Sexual Offences Act 2003, as amended by the Serious Crime Act 2015, it is essential to seek legal advice as early as possible.
At Eventum Legal, we provide expert legal representation to individuals accused of sexual communication and other sexual offences.
These cases require careful handling, strategic defence, and a deep understanding of the criminal justice system and the human impact such allegations can have.
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 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:
- A communication. There must be evidence that you have communicated with another person and;
- The communication is sexual or intended to encourage a child to make a sexual communication. This means you have
- The person you have communicated with is under 16 years old.
- You are over 18 and did not reasonably believe that the person you were communicating with was over 16 years old.
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Child Sexual Communication – Understanding the Offence
Sexual communication with a child is a criminal offence involving the act of intentionally engaging in communication with a person under sixteen, where that communication is sexual or intended to elicit a sexual response. The communication must be to obtain sexual gratification. In legal terms, this offence falls within the broader category of sexual offences designed to protect children from harm, particularly online.
Sexual intercourse or physical contact doesn't need to have occurred. The offence may arise solely from messages or images exchanged online or via mobile devices. The court will look at all the communication circumstances, including the language used, the nature of any sexual interactions, and the intent behind them. Crucially, the person accused must be over the age of eighteen and must not reasonably believe that the person they were communicating with was over the age of sixteen. The test of a reasonable person is applied when determining whether such a belief is credible.
The Legal Process and Court Proceedings
When a person is accused of child sexual communication, the process typically begins with a police investigation. This may involve a voluntary interview or arrest, during which electronic devices are often seized. In some cases, the individual may have been communicating with an undercover police officer or a member of the public acting as a decoy, which introduces complex legal considerations around the possibility of an abuse of process, entrapment and admissibility of evidence.
The offence is triable either way, meaning it can be heard in the magistrates’ court or the Crown Court, depending on the severity of the case and the potential sentence. Legal representation is essential because the legal process can be lengthy and daunting. A defence lawyer will advise on plea options, analyse evidence, identify mitigating factors, and protect your rights throughout the court proceedings.
Sentencing For Sexual Communication Offences
If convicted of sexual communication with a child, the court will consider sentencing guidelines to determine the appropriate sentence. Factors such as whether sexual images were exchanged, the use of explicit language, and whether there was a plan to meet the child will influence sentencing outcomes. In serious cases where significant psychological harm has been caused or where there is a pattern of behaviour, the court may impose an immediate custodial sentence.
Less serious cases, or those with strong mitigating factors, may result in a suspended sentence or community-based order. The presence of relevant previous convictions, especially for sexual offence cases, will likely lead to harsher penalties. Conviction for this offence carries automatic notification requirements of the Sex Offenders Register, along with the possibility of a Sexual Harm Prevention Order. These sanctions have a lasting impact, restricting freedom of movement, employment options, and contact with children, even within your own family.
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
Cases Involving Undercover Police Officers and Online Decoys
Many modern cases involving sexual communication rely on evidence obtained by undercover police officers or so-called "hunter groups" posing as children online. While these operations aim to protect victims, they raise legal questions about the fairness and lawfulness of the evidence-gathering process.
At Eventum Legal, we rigorously examine how the communication was initiated, whether any encouragement took place and whether the accused was unfairly led into committing such an offence. Where the decoy's actions amount to entrapment or abuse of process, it may be possible to challenge the evidence in court. These arguments are technical and fact-sensitive, requiring skilled legal representation from solicitors specialising in sexual offences.
The Real-World Consequences Of A Child Sex Offence Accusation
The consequences of a child sex offence go far beyond the courtroom. Allegations alone can damage reputations, careers, and relationships. Employers, especially in education, healthcare, and other safeguarding roles, may suspend or dismiss staff before a charge is proven.
Social services may intervene where the accused lives with children, leading to assessments and possible restrictions on parental contact.
Clients often suffer from emotional distress, anxiety, and isolation. Being labelled as a sex offender can carry a heavy stigma, particularly in cases involving child offences. Our role as sexual offence lawyers is not only to defend the case but to support the individual through what is likely one of the most difficult times of their life.
Associated Offences and Additional Legal Risks
In many cases involving sexual communication with a child, the investigation may uncover other offences. These might include the possession or distribution of sexual images, arranging to meet a child following communication, or inciting a child to engage in sexual activity.
A relatively new offence also criminalises the sending of sexual images, including intimate photos intended to cause alarm, distress, or humiliation.
Where these additional charges arise, the legal consequences can be far more serious. The risk of receiving an immediate custodial sentence increase, and the case's complexity demands a coordinated defence strategy that considers all overlapping allegations.
Our team ensures that no element of your defence is overlooked.
Why Choose Eventum Legal for Your Defence?
Our firm is built around protecting individuals accused of the most serious and sensitive offences. We are experienced in handling sexual offence cases involving child communication, online investigations, and prosecutions brought under the Serious Crime Act.
Our lawyers understand the importance of discretion, strategy, and clarity when advising clients under pressure.
We offer legal support from the first moment of police contact to trial, sentencing, or appeal. Whether the allegation is based on a miscommunication, mistaken identity, entrapment, or false assumption, we build every defence around evidence, expert input, and legal precision.
Speak To a Specialist Child Sexual Offences Solicitor Today
If you or someone you care about is facing allegations of sexual communication with a child, contact Eventum Legal immediately. We provide expert legal advice to help you understand the legal process, challenge the evidence, and confidently defend your rights.
Early advice is often the key to reducing legal exposure and achieving a positive result. Call us today or contact us through our secure enquiry form to speak with one of our specialist solicitors in complete confidence.
