What Is Grooming?

Grooming is essentially building a relationship with a child, young person, or a vulnerable adult, with the intention to sexually abuse them, exploit them sexually, or traffic them. The way in which the relationship is built can vary but commonly it includes communicating with them over the phone or online, giving money or gifts and offering to take them to places to create a sense of friendship and trust. During these methods of communication there does not have to be any sexual abuse, grooming can be established if it can be proved that the end goal of the accused was to abuse their victim. 

It is of course not an offence to talk to people online, but the law does give specific protections to shield children and vulnerable adults from sexual abuse online, and grooming. Examples of behaviour which could amount to an allegation of grooming include: 

• Communicating with someone under the age of 16 years old, or an at risk adult, with the intent to sexually exploit them-through social       media, text messages, phone call or any other method. 
  
• Exposing a child or vulnerable adult to sexually explicit material or discussions. 
  
• Sending the child or vulnerable adult sexual photos or videos and requesting for them to send the same to you. 
  
• Trying to gain trust by pretending to be somebody else, with the intention of sexual exploitation.
  
• Buying gifts, giving money, or providing the complainant with special treatment with the intention to abuse or exploit them. 

It is important to note that there are specific criminal offences that can be connected to grooming they include: 

• Sexual communication with a child (Section 15A of the Sexual Offences Act 2003)
  
• Causing a child to watch a sexual act (Section 12 of the Sexual Offences Act 2003)
• Causing or inciting a child to engage in sexual activity (Section 10 of the Sexual Offences Act 2003)
  
• Causing or inciting a child under 13 to engage in sexual activity (section 8 of the Sexual Offences Act 2003) 

Section 14 of the Sexual Offences Act 2003 specifies that it is an offence to arrange a meeting, or to facilitate a meeting, with a child under the age of 16 years with the intent of sexually abusing that child, or with the intent of another person sexually abusing them. 

Section 15 of the Sexual Offences Act 2003 deals specifically with the offence of meeting a child following sexual grooming. This offence carries a maximum of ten years imprisonment. It is important to note, that if the accused has gone to meet the child following a period of speaking with them, yet no sexual offence occurs, the courts will consider the intentions of the accused rather than the actual events. This is of particular relevance in cases which involve hunter groups, and police decoys. 

Being arrested for a grooming offence can be very distressing, an investigation of the offence like many other criminal offences involves several steps. 

Following the police becoming alert to the potential that someone has committed a grooming offence the investigation will begin with the police putting together a plan to gather evidence and follow up reasonable lines of enquiry. This is likely to include: 

1. Taking a full video recording account from the complainant, where they are cooperating with the complaint. This is referred to as an ABE interview. 

2. Interview with the accused under caution. The police will require an account from the accused in respect of the allegations. It is important that you are represented at any such interview to ensure your position is protected and that you do not self incriminate. Your lawyers will be entitled to pre-interview disclosure, that enables them to inform you on the evidence and the case prior to you going into be questioned. The police can interview a suspect at any stage of an investigation. 

3. Forensic Examinations. The police may request access to your electronic devices such as a mobile phone, computer or tablet. If the police seize these devices they will send them to be forensically examined within a digital forensic unit. The purpose of this will be to extract any evidence of interaction with the complainant where it exists such as; text messages, phone call logs, social media interaction, photos/videos. If the complainant is a child, the police may extend their search to establish whether the accused has a sexual interest in children by looking at their internet history and downloaded files which may indicate searches for indecent images of children. 

Medical examinations can also form part of the investigation if physical sexual activity is alleged to have taken place, the child may be examined for any supporting evidence of this. 

4. Third party material. This includes speaking to any witnesses who may be able to assist with the case, obtaining medical records, social services records and school records where applicable. 

Whilst the investigation is ongoing the suspect will either be released on bail or, where the case is particularly serious the CPS may make an immediate charging decision based on the information they have available following the suspects period of time in custody. If so, this would mean that the suspect is taken to the Magistrates Court and where bail is refused, could be held on remand until the conclusion of the case. 

The police may involve the CPS early on in an investigation for their advice and guidance as to what lines of enquiries they will require in order to be able to apply the charging standard appropriately. Therefore, it is not unusual in cases for the police to send their file to the CPS for early investigative advice whilst the suspect is on bail. 

The case is also likely to be reviewed by various levels of policing staff before it is submitted to the CPS for a final charging decision. 

If the CPS require further information the police will endeavour to make those inquiries. 

When the file is sent to the CPS for review they will apply the two stage test of the Full Code Test assessing whether firstly there is sufficient evidence to provide a realistic prospect of conviction, and secondly is it is in the public interest to prosecute the suspect. 

Our team place great emphasis on defence pre-charge engagement, and so does guidance given to the police and CPS by the Attorney General. The benefit of pre-charge engagement for the accused is it allows your defence lawyers to liaise with the police and the Crown Prosecution before charging decisions are made with aim being to stop you being charged with an offence. This often includes us putting forward your defence, and raising identifiable evidential weaknesses which we would use to persuade the CPS that the evidential or public interest threshold is not met. We can also raise lines of enquiry for the police to follow up on your behalf, and we can also gather crucial defence evidence which may support your case and present that to assist us is showing the CPS that you should not be charged with an offence. 

The exact steps that are taken during the pre-charge representation in grooming offences is dependent on the specifics of the case. Our specialist team put together tailored action plans for each client and pro-actively advance their position whilst protecting their legal rights and interests. 

If you are charged with an offence which involves grooming allegations then you will be required to attend court. Before attending court for the first appearance your legal team will be entitled to a summary of the evidence which we will review with you, explain and advise. It would then be for us as a team to support and guide you through the court process whilst at all stages robustly defending you case, scrutinising prosecution evidence and building your defence.