Can you go to jail for kissing a minor in the UK?
While most people are aware of the strict laws regarding sexual relations with a minor, there is often some confusion over the laws concerning kissing.
Kissing a minor laws do differ across the UK, with both Scotland and Northern Ireland both having their own set of rules compared to England and Wales.
Here, we discuss whether kissing a minor is illegal, what the potential consequences of kissing a minor might be, and what steps you should take if you are facing such an accusation in England and Wales.
What is the legal age of consent under UK laws?
In the UK, the legal age of consent is 16. This means that anyone under the age of 16 is not legally able to consent to any form of sexual activity, as they are not deemed to be able to have the freedom and capacity to do so.
Is kissing someone under 16 illegal?
In England and Wales, there are a number of laws against certain forms of kissing a minor. That said, these laws are subject to various factors and additional considerations.
Generally, it will be illegal to kiss a minor if the kissing amounts to sexual activity.
The law states that activity would be considered sexual if a “reasonable person” would a) consider because of its nature that the touching [kissing] may be sexual, and, if so, would a reasonable person (b) in view of the circumstances and/or the purpose of any person in relation to the touching [kissing], consider the touching [kissing] was sexual.
In respect of kissing a minor, this means that there is potentially a wide degree of discretion as to what could amount to sexual activity, owing to the wide range of circumstances where children could be kissed.
A degree of common sense should be applied by the police in situations where the facts clearly demonstrate that the kissing was not sexual in nature. However, if an investigating officer considers the kissing to be sexual, that will be enough for them to proceed in bringing forward a charge.
The types of factors which might dictate whether kissing a minor is an illegal act will include:
- The age of the respective parties.
- The pre-existing relationship between the parties (and the nature of said relationship).
- The existence of a duty of care between the parties (e.g., teacher/student).
- The maturity of the respective parties.
- Any evidence of exploitation or coercion.
If someone accused of kissing a minor is over the age of 18, and an investigating officer deemed the kissing to be sexual in nature (see the test for ‘what is sexual activity’ above), a charge of ‘sexual activity with a child’ under Section 9 of the Sexual Offences Act 2003 will likely be brought forward.
The wording of Section 9 notes that the offence can arise in one of the following ways:
- A person aged 18 or over (A) commits an offence if—
- they intentionally touch another person (B),
- the touching is sexual, and either—
- B is under 16 and A does not reasonably believe that B is 16 or over, or
- B is under 13
It may also be considered a criminal offence if someone is found to have incited a child to engage in sexual activity.
If the child is a family member, a specific offence could be brought under Section 25 of the Sexual Offences Act: Sexual activity with a family member.
When might kissing a minor not be illegal?
There are many examples of kissing a minor which would not be considered illegal and would therefore not be investigated by prosecuting authorities. These include:
- Kissing a family member on the cheek.
- Consenting minors kissing (in circumstances which raise no additional concerns).
- A parent kissing their child in public, even on the lips.
Additionally, it is important to note that it is a specific defence if, even though the complainant was under 16, the accused reasonably believed the complainant to be 16 years old or older. However, the defence is not available if the child is under 13.
Can you go to jail for kissing a minor?
Yes, potentially. If the kissing is found to amount to sexual activity, a prison sentence could be imposed for anyone who is found guilty.
What are the potential sentences for kissing a minor in the UK?
Anyone who is guilty of sexual activity with a child (or causing or inciting a child to engage in sexual activity) could be subject to a range of potential sentences.
If an offender is liable on summary conviction and the case is heard in the Magistrates’ Court, they could face imprisonment for up to six months, a fine, or both.
If convicted on indictment, and a case is heard by the Crown Court, an offender could receive a 14-year prison sentence (5 years if the offender is under 18). Although sentences at the higher end would be reserved for offending of the most serious kind.
It should also be noted that being convicted of a sexual offence could also lead to you being added to the Sex Offenders Register.
What happens if a minor lies about their age?
Where a minor lies about their age, this could provide a potential defence for anyone facing allegations of kissing a minor, provided the minor is over 13 years of age. However, for this to be a reasonable defence, it must be shown that someone had genuine reason to believe that the person they kissed was over 16.
Does the UK have a ‘Romeo and Juliet’ law?
In many jurisdictions, including the United States, a ‘Romeo and Juliet’ law is in place. This acts as an exemption for those who are close in age to engage in sexual activities.
There is no such law in the UK. This means that there are no provisions in place for someone to engage in sexual activities with a minor, even if there is only a relatively small age gap (such as a 16-year-old and 15-year-old). This is the case even where the younger party fully consented to the activity.
Should I speak to a solicitor if I’m accused of kissing a minor?
Whether you have been cautioned, are under investigation, or are being charged with kissing a minor, it is essential that you speak to a specialist sexual offence solicitor at the earliest opportunity. Instructing legal representation can make a significant difference when it comes to being charged with an offence or not.
As discussed above, the sentencing guidelines for kissing a minor can be harsh and, in some cases, you could be exposed to lengthy prison sentences. In some cases, you may also be added to the Sex Offenders Register, which can have a major impact on your life and that of your loved ones.
If you have been arrested for kissing a minor, it is vital that you clearly understand your legal rights and whether certain actions may undermine your legal defence. Our experienced team of sexual offence solicitors can work alongside you, reviewing the details of your case and providing support that is geared towards helping you avoid penalties or achieving a reduced sentence.
Many people make the mistake of assuming that speaking to a solicitor will harm their defence, as it somehow signifies that they are guilty. This is not the case, as you are entitled to speak to a legal representative at any time and this will not have a negative impact on your defence.
At JD Spicer Zeb, our sexual offence solicitors have substantial experience in this area and will be able to carefully take you every step that needs to be taken.
Contact our sexual offence lawyers today
For a free initial consultation, urgent specialist advice, immediate representation, or to speak to us confidentially about allegations of kissing a minor, please do not hesitate to get in touch.
You can contact our sexual offence lawyers in London, Birmingham, and Manchester by telephone on:
- Brent & Camden London Office: 0207 624 7771
- Manchester Office: 0161 835 1638
- Birmingham Office: 0121 614 3333
- City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)
Or email: solicitors@jdspicer.co.uk
Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.
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Please get in touch for a free initial consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice on dealing with allegations relating to kissing a minor.
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