Inappropriate Sexual Communication with a Child
Being convicted of sexual communication with a child carries with it not only severe penalties in the Court, but can have a huge impact on the other aspects of your life. Being accused of a sexual offence can affect your relationship with family and friends, and people may question whether you are safe to be around their own children.
We understand that anxiety will be running high if you are facing an allegation of this nature, with the risk of going to prison, losing your job and your entire life being turned upside down, all very real prospects. Not only this, but with social media, your local community may well become aware of the incident and your own safety may be at risk.
That’s why it is vital to contact our expert team of Sexual Offence Solicitors who can help you with your case. From putting forward a strong defence to supporting you emotionally, we are dedicated to reaching the best outcome for you.
Whilst it may not be possible to avoid legal repercussions entirely, we can help put forward factors, such as your good character or mitigation, to lighten the penalties. Get in touch with us today to seek expert legal advice and we will guide you through the process.
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 of Criminal Defence Solicitors 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.
Dedicated expertise for defending all allegations of sexual offences.
Our Sexual Communications With a Child OFFENCES 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
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Protect your future with trusted, expert legal defence—contact Draycott Browne’s Child Sexual Communication Offence Solicitors today.
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.
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. 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 team to support you, you can be assured that we will be by your side.
We are one of the most principal 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.
FAQs
If you are accused of sexual communication with a child, you must take the allegation seriously, even if you believe it to be unfounded or based on a misunderstanding. You should:
- Seek immediate legal representation from a solicitor experienced in sexual offences
- Avoid any contact with the alleged victim or their family
- Preserve any communications (texts, emails, chat logs) which could support your version of events
- Cooperate with the investigation without making any admissions before consulting legal counsel
These accusations can lead to arrest, prosecution, and serious reputational harm. Early legal advice can protect your rights and help build a robust defence strategy.
The offence is set out in Section 15A of the Sexual Offences Act 2003, introduced by the Serious Crime Act 2015. It criminalises any communication with a child that is sexual in nature and intended to elicit a sexual response or gratification.
To secure a conviction, the prosecution must prove:
- The defendant intentionally communicated with someone under 16
- The communication was sexual or intended to encourage the child to communicate sexually
- The defendant did not reasonably believe the child was over 16
The law applies to all forms of communication, including text messages, phone calls, emails, social media, and online gaming platforms.
The primary defences include:
- Reasonable belief in age – If the accused can demonstrate a genuine and reasonable belief that the child was aged 16 or over, this may form a full defence
- Lack of sexual content – If the messages are not objectively sexual in nature, the prosecution may struggle to meet the evidential threshold
- Lack of intent – If there was no intention to elicit a sexual response or gratification, the offence is not made out
- Entrapment – In cases involving vigilante groups or covert operations, legal arguments may be made regarding entrapment or abuse of process
Each defence will depend on the specific facts and digital evidence in the case.
Talking to a minor online is not inherently illegal. It becomes unlawful when the nature of the conversation turns sexual, exploitative, or manipulative.
Legality depends on factors such as:
- The age of the child
- The content of the communication
- The intended outcome of the conversation
- Whether the adult believed the child was over 16
Teachers, youth workers, and other professionals may also be subject to additional safeguarding legislation restricting communication with minors outside professional boundaries.
Flirting with a minor can cross the line into criminal behaviour if the communication becomes sexual in nature, or is part of a pattern of grooming. The legal threshold under Section 15A of the Sexual Offences Act 2003 focuses on:
- Whether the communication was sexual in nature
- Whether it was intended to cause sexual gratification
- Whether the defendant knew or should have known the recipient was under 16
Even if no physical contact is made, flirting that is suggestive, coercive, or involves inappropriate images or language can result in criminal charges.
It is increasingly common for law enforcement or so-called “paedophile hunter” groups to pose as children online to expose adults attempting to engage in sexual conversations. In such cases:
- The accused can still be prosecuted even if the child does not exist
- What matters legally is the belief of the accused that they were speaking to a real child
- The courts have consistently upheld that attempts to engage in sexual communication with a decoy are still prosecutable offences
These scenarios often lead to charges under Section 15A or under the broader umbrella of attempted grooming or preparatory offences.
If you find yourself in this situation, it is critical to speak with an experienced criminal defence solicitor who can examine whether entrapment or procedural misconduct played a role in the investigation.