Sexual Communications with a Child Solicitors

Is it illegal to attempt sexual communication with a child?

Yes. Attempted sexual communication with a child has been a criminal offence since 3rd April 2017. However, offences involving sexual communications that occurred prior to 3rd April 2017 cannot be prosecuted under Section 15A, as the legislation was not in force at that time.

What is the offence of sexual communication with a child?

Sexual communication with a child is an offence under section 15A of the Sexual Offences Act 2003. It applies where a person aged 18 or over intentionally communicates with someone under the age of 16 in a sexual manner for the purpose of obtaining sexual gratification. 

Communication does not have to take place in person and can include messages sent online, by text, through social media, messaging apps, email or other forms of digital communication. 

The prosecution must also prove that the adult did not reasonably believe that the other person was aged 16 or over. Cases often turn on what the individual knew, what they were told, and whether any belief about age was reasonable in the circumstances.

Introduction of vigilante groups and undercover police officers

We are seeing an increasing number of allegations arising from investigations involving vigilante groups and undercover police officers. These cases frequently raise questions about how the evidence was obtained, whether digital material has been preserved properly, and the actions of those involved in the investigation. Careful scrutiny of the evidence is essential to ensure that any prosecution is based on reliable and lawfully obtained material.

Defences to sexual communication

The main defence to an allegation of sexual communication with a child is that the person accused reasonably believed that the person they were communicating with was aged 16 or over. This is often the key issue in these cases and will require careful consideration of what the defendant knew, what they were told, and whether their belief about age was reasonable in all the circumstances.

Evidence that may be relevant includes what was said about age during the conversation, any profile information, photographs, usernames, dating app or social media details. 

Our sexual communication lawyers can review the full digital evidence, including messages, phone downloads, screenshots, and social media records, to identify anything that supports a reasonable belief as to age.

Other offences that link to sexual communications

Online communications can sometimes give rise to allegations beyond sexual communication with a child, including causing or inciting a child to engage in sexual activity, or arranging or facilitating the commission of a child sex offence. 

It is not uncommon for the prosecution to rely on the same messages to support multiple allegations. Whether a conversation amounts to sexual communication alone, or something more serious, often depends on the precise wording used and the context in which it was said. The difference can be significant, as these offences frequently result in lengthy custodial sentences that are far greater than those available for sexual communication alone. For that reason, careful analysis of the messages and early specialist advice is essential.

What penalties you could face

The maximum sentence for sexual communication with a child is two years’ imprisonment. 

Although this means that a custodial sentence may fall within the range that can be suspended, a suspended sentence is never automatic. The court will consider the seriousness of the offence, any aggravating or mitigating features, and the risk that it considers the person may pose. Effective representation can make a significant difference in ensuring that the court has a full and accurate picture before the sentence is decided.

A conviction can also have consequences beyond the sentence itself. A person may be made subject to notification requirements, sometimes referred to as being placed on the sex offenders register, and the prosecution may also seek a Sexual Harm Prevention Order. These orders can impose restrictions on internet use, contact with children, devices, social media, employment and other areas of daily life.

For that reason, specialist advice is needed not only on the likely sentence, but also on any additional orders or restrictions the prosecution may seek.