What Is Grooming?
Grooming offences
can attract substantial press coverage, as we have seen in cases such as the Rotherham grooming gang which continues to cause debate throughout the country. However, not everyone who is accused of grooming is guilty, and therefore it is important to understand what grooming is, the law, and how it is vital to robustly defend your position when you are falsely accused of a grooming offence.
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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.
What Actions Could Lead to a Grooming Allegation?
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.
In addition to the above actions, it must be provable that the accused's intention by taking the above steps was to abuse the complainant.
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)
Grooming is often an aggravating feature in these offences.
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.
What Will Happen if I am Arrested for a Grooming Offence?
Being arrested for a grooming offence can be very distressing, an investigation of the offence like many other criminal offences involves several steps.
Evidence gathering
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.
Evidence Review/Early Investigative Advice
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.
CPS Review
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.
Pre-Charge Representation for Grooming Offences
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.
What Will Happen if I am Charged with a Grooming Offence?
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.
What To Do If You Are Accused of a Sexual Grooming Offence
Seek legal advice immediately
if you are contacted by the police in respect of an allegation concerning grooming made against you, even where you are confident in your innocence you must protect you legal position. Being in a custody environment is a very vulnerable position to be in, it would be our role as your defence lawyers to make sure that the police carry out all procedures correctly and fairly.
If you, a friend or family member has been accused of grooming a child or vulnerable adult then contact our team
for a free and strictly confidential discussion. We are here to legally advise you but most of all to get you through the incredible difficulties being accused of a criminal offence can bring.
We Can Help With
Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.
Falsely accused of a sexual or domestic offence? Our team answer some frequently asked questions.
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