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Sexual Communication With a Child

Allegations of sexual communication with a child often depend on the content, context and purpose of particular messages or conversations. What was said, who was involved and what the prosecution alleges you intended can all become central to the case.

Investigations may involve messages, social media accounts, dating or messaging apps, device downloads and other evidence. That material needs to be examined carefully and in context, particularly where individual messages are being relied upon to establish sexual intent or the nature of the communication.

Our Solicitors can advise you from the earliest stage of an investigation. We will examine the allegation, review the available evidence and advise you before any police interview. Where necessary, we can also challenge the interpretation of digital material and instruct appropriate experts to assist with technical evidence.

Draycott Browne has more than 25 years of experience defending serious sexual offence allegations. Our team provides discreet, non-judgemental representation and clear advice throughout police investigations and court proceedings.

Contact our criminal defence solicitors for confidential advice if you have been contacted by the police, arrested or charged with sexual communication with a child.

How can we help?

Sexual communication with a child carries one of the heaviest burdens within society. Not only from a law perspective, but your whole life can be affected. Many see it as one of the worst crimes that can be committed, as children are one of the most vulnerable members in society. That’s why it is vital to consult a trusted solicitor who can help you with your case right from the beginning.

If you are interviewed by the police and you do not have a solicitor by your side, you could say something which could be self-incriminating. We can best advise you on how to approach this and take you through the entire process, from an arrest to the appearance in court.

Our sex offender solicitors team are friendly and approachable, and will not judge your situation. We are whole-heartedly committed to effectively representing you and minimising any impacts that this charge could have on your livelihood.

We have a long-standing reputation in cases involving sexual communication with a child, and have successfully defended clients since the act became illegal in 2017. Our dedicated team can help you at every stage including police station representation, making your bail application, creating a detailed case and compiling a strong defence and providing court represenation.

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Criminal Defence Expertise for Sexual Communication Offences

Our Experienced Sexual Offence Team

Shaun Draycott

Shaun Draycott

Managing Director & Serious Crime Solicitor
Rob Mann

Rob Mann

Director & Serious Crime Solicitor
Venessa Schweitzer

Venessa Schweitzer

Consultant Litigator
Caitlin Cardwell

Caitlin Cardwell

Crown Court Litigator
Meet the Team

Is it illegal to sexually communicate with a child?

As of the 3rd April 2017, it became illegal to communicate in any sexual manner with a child. This does not apply to offences committed before this date.

What is sexual communication with a child?

It is illegal for anyone 18 or over to communicate with a child under the age of 16 in a sexual way. This also applies if you encourage the child to talk sexually, or if it is for your own sexual satisfaction. This does not only apply online, on apps such as Facebook or chat rooms. Any sexual communication with a child, whether it be written, digital, or verbal, is an offence and you will probably face consequences for your actions.

If the offence did occur online, most likely your devices will be seized and all of your content will be downloaded. The police will have also gained a warrant to search your property. Our team of sexual offences solicitors have a wide range of experience in these cases and can call in expert witnesses to give testimonies to help your defence.

If you are accused of sexual communication with a child, you may be worried about what could happen outside of the law. Stress will probably be high, and you will most likely be fearful about what your friends and family will think of you. Not only this, but your job could be on the line, and your whole career path could disappear if charged with this offence. It is understandable that you will want to clear your name as soon as possible and try to get back to normal.

We aim to try and reduce any anxiety that you will be feeling as you may be feeling alone at this time. Our sexual offence solicitors are here to support you through the process, being transparent and practical along the way.

If you have been accused of sexual communication with a child, it is imperative that you consult the specialist solicitors at Draycott Browne. Get in touch today and we will work tirelessly on your behalf.

What is the legal definition of sexual communication?

By law, a communication is sexual if:

  • Any part of it relates to sexual activity, or
  • A reasonable person would, in all the circumstances but regardless of any person’s purpose, consider any part of the communication to be sexual

If you have incited a child to engage in sexual activity, this is a much more serious offence and will be subject to section 10 of the Sexual Offences Act 2003. The court will carefully decide if this is the case using all evidence available. Our dedicated team of expert solicitors can help you in your defence and talk you through all possible options.

How does the law define a child?

How the law defines a child varies depending on the offence that has been committed. Some offences have further protection for those under the age of 13 and others extend to anyone under 18. For sexual communication with a child, anyone under the age of 16 is classed as a child.

Offences involving vigilante groups

It is becoming more common for groups to pose as an underage person to try and trap or catch potential sexual offenders involving sexual communication with a child. In law, these groups are referred to as online child abuse activist groups (OCAGs). It is important to remember that there is no need to prove that there is an identifiable child involved, as long as there was sexual intent from the offender. There have been previous cases of individuals being convicted even when it was a set-up. Guidelines used by the courts for these cases can be found here.

If you have found yourself targeted by one of these groups, your first point of call should be an experienced solicitor. At Draycott Browne, we have dealt with a wide range of these cases involving OCAGs, and know the technicalities of the law in-depth.

Offences involving undercover police officers

Regardless of whether an offence was impossible to commit, evidence collected by undercover police officers can still be used to prosecute an individual. For example, situations where an undercover police officer poses as a child and the offender goes to meet them intending to engage sexually would still consitute an offence.

Specialist Child Sexual Communication Offence Lawyers

  • 24/7 Availability
  • Proven Success in High Profile Cases
  • Non-Judgemental Representation Tailored to Your Situation

Protect your future with trusted, expert legal defence—contact Draycott Browne’s Child Sexual Communication Offence Solicitors today.

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What if I arrange or facilitate a child sex offence?

It is a very serious offence to arrange or facilitate sexual interactions with a child. Under Section 14 of the Sexual Offences Act 2003, this offence is committed when an individual:

  • intentionally arranges or facilitates something that he intends to do, intends another person to do, or believes that another person will do, in any part of the world,

and

  • doing it will involve the commission of an offence under any of sections 9 to 13

If you are found guilty of this offence, it is punishable by up to 14 years imprisonment. It is taken very seriously by the courts in an attempt to prevent the possibility of children being abused.

There are some cases where an individual may arrange something for a child, to protect them. For example, if an adult gave a condom to a child to protect them from sexually transmitted infections. This would be acting in their interests and could form part of your defence. However, if an individual did this whilst encouraging sexual activity or arranging sexual intercourse with someone else or themselves, this would still constitute an offence.

Am I going to go to prison for sexual communication with a child?

While custodial sentences are common for these offences, there are some cases where you can avoid time in prison. Guidance used by the courts is under the Sexual Offences Act 2003 and there are two categories that this offence lies within. Category 1 will be used if:

  • Sexual images or digital media is sent or recieved
  • Significant psychological harm or distress is caused to the victim, or very likely to have been caused to intended victim

If your offence falls within category 1, the outcome ranges from a high-level community order to 2 years custody. Category 2 will be used if the factor(s) of category 1 are not present, and this carries a penalty of between a medium-level community order and 18 months’ custody.

The second factor taken into account is culpability. If there is an abuse of trust, for example if the relationship between you and the victim is:

  • A parent and child,
  • A teacher and pupil,
  • A carer and dependent,
  • An employer and employee,

you will most likely face a custodial sentence. The law is complicated around this matter, and many factors are taken into consideration. For example, aggravating factors such as any previous convictions, offences committed on bail and failing to respond to previous warnings will most likely increase your sentence. On the other hand, mitigating factors, including no previous convictions, remorse, learning disabilities and age could reduce any penalties that you receive. Our solicitors can assess your circumstances as each case will be different, and we will leave no stone unturned.

Will I go on the sex offenders register?

Following a conviction of (or caution for) sexual communication with a child, it is a requirement to comply with the notification procedure for a set amount of time. Within 3 days of a conviction, you must notify the police of the following information in person:

  • Full name
  • Date of birth
  • Address (home address and anywhere they regularly stay)
  • National Insurance Number
  • Passport details or other identity documents if you do not have one
  • Details of bank and building society accounts
  • Details of debit and credit cards that are in their name, owned jointly or are linked to a business that they run

The length of the notification period varies depending upon the sentencing you receive:

  • Imprisonment term of 30 months or more: indefinite period
  • Imprisonment term of more than 6 months but less than 30 months: 10 years
  • Imprisonment term of 6 months or less: 7 years
  • Caution: 2 years
  • Conditional discharge: period of conditional discharge

The Government website outlines further information on notification requirements. The impacts of being convicted are far reaching, and can have severe consequences on your daily life even following your release, if you receive a custodial sentence. It is therefore vital that you consult one of our professional and highly knowledgable Sexual Offender Lawyers who can assist you in your case.

Will I be subject to any other order for sexual communication with a child?

Depending on the seriousness of the offence, the court could impose a Sexual Harm Prevention Order (SHPO), previously known as a Sexual Offence Prevention Order (SOPO). This can only be applied if you have been convicted of indecent images offences. The court must prove that this order is necessary to prevent sexual harm to the public, in particular children and vulnerable adults.

The order sets out specific prohibitions which the offender must comply with. These include factors such as not being able to use any device capable of accessing the internet or notifying the police of such a device and making it available for inspection by them. The time length on this order can last anywhere from 5 years to an indefinite period.

Can I receive a caution for sexual communication with a child?

This is a very unlikely outcome if you are convicted of having sexual communications with a child. An offender will probably be prosecuted unless there are significant reasons why prosecution should not take place, but this is entirely dependent upon the individual’s circumstances and the person’s character. We can help to put forward a strong case to try and avoid or reduce any sentencing you receive.

Is there any defence for sexual communication with a child?

There are many defences that could be put forward to the court. For example, the law requires the individual to ‘reasonably believe’ that the victim was under 16. If you genuinely did not believe that the person was under this age, you are innocent. However, the whole context of the communication would need to be investigated before this would be a valid point to make. We can help assess this and advise you if this is the best route.

If it cannot be proven that you didn’t know the individual was below 16, there are still facts that you can present to the court which could reduce the sentence. The court will assess your finances, job, home situation and life before deciding on the outcome. It may be that the court decides that custody would severely impact your dependents and so may decide for that sentence to be suspended instead. Likewise, if you have a learning disability, it may impair your judgement and you could receive a lighter penalty.

Every situation is different, and it isn’t a black and white decision. This is why the earlier you engage with our professional solicitors, the higher your chances are of being successful.

If you believe that you have been falsely accused of sexual communication with a child, it is vital that you contact a solicitor. False allegations are serious and can cause you unnecessary panic and despair. We may be able to get the case dismissed before it reaches court, and our experience and knowledge in this area can help with this.

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Contact Draycott Browne Solicitors

If you have been accused of sexual communication with a child, tensions will be high. You may be receiving a lot of judgement from your loved ones, and be really worried about what might happen. If you are facing a child sexual offence allegation, we can provide practical help, being real about possible outcomes whilst dedicated to lightening any sentence you may receive.

We understand that an arrest for this offence may be unexpected, which is why our service is open 24/7, 365 days a year. If you instruct our criminal lawyers to support you, you can be assured that we will be by your side.

We are one of the leading criminal defence law firms in England, and we have consistently delivered excellent results for sexual offence cases for over 25 years. If you have been accused of sexual communication with a child, you cannot settle for anything less than Draycott Browne. Contact us today and we will start working on your case.

Frequently Asked Questions

If you are accused of sexual communication with a child, seek specialist legal advice as soon as possible and avoid contacting the alleged victim or their family. Preserve relevant messages, emails and chat logs, and do not make admissions or give an account to investigators before speaking to a solicitor.

Under Section 15A of the Sexual Offences Act 2003, an adult aged 18 or over commits this offence if, for sexual gratification, they intentionally communicate sexually with someone under 16, or encourage them to communicate sexually, without reasonably believing they are aged 16 or over. The offence can apply to communications made by text, phone, email, social media and other online platforms.

Possible defences may include showing that the accused reasonably believed the other person was aged 16 or over, that the communication was not sexual, or that it was not sent for sexual gratification. In some cases involving covert operations or vigilante groups, there may also be arguments about entrapment or abuse of process.

Talking to a minor online is not automatically illegal. It may become a criminal offence where the communication is sexual or exploitative, depending on factors such as the child’s age, the content and purpose of the messages, and whether the adult reasonably believed they were aged 16 or over.

A person can still face prosecution where they believed they were communicating with a child, even if the other person was actually a police officer or vigilante posing as one. The precise offence and any available defence will depend on the messages, the accused person’s belief and the way the investigation was conducted.

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