What is sexual grooming under UK law?

Sexual grooming laws and the corresponding penalties are very serious. Where someone is guilty of sexual grooming, they could be subject to irreversible damage to their personal life, career, reputation, and may also face lengthy periods of imprisonment.

That said, there is often some degree of confusion surrounding sexual grooming and what actions lead to the offence being carried out.

Here, we explain exactly what sexual grooming is, what sexual grooming laws look like in the UK, the potential penalties for grooming sexual abuse and what you should do if you are facing such an accusation.

What is sexual grooming?

To summarise, sexual grooming will involve building a relationship, gaining the trust, or emotionally manipulating a child to prepare them for sexual abuse, sexual exploitation or trafficking.

Any type of communication that is conducted with the purpose of sexual abuse can be considered sexual grooming. This means that sexual grooming can take place in person or online.

Often, those who are convicted of sexual grooming of children are found to have manipulated someone over a long period of time through careful planning.

In some cases, it may be that groomers are able to also build a relationship with a young person’s family or friends to make them seem more trustworthy or authoritative.

What if grooming is not sexual?

Child grooming can also take place, even where the purpose of the grooming is not related to sexual abuse in anyway.

Additional forms of exploitation that can be considered to be child grooming involve inducing a child to commit a criminal offence such as transporting and/or selling drugs.

What are examples of sexual grooming?

Sexual grooming can take a number of forms. These include:

• Text messaging/messaging apps
• Emails
• Social media use
• Forums
• Text or voice chats in games and apps
• In person meetings

Specific criminal offences which are often connected to sexual grooming involve:

• Sexual communication with a child
• Causing a child to watch a sexual act
• Meeting a child following sexual grooming
• Causing or inciting a child to engage in sexual activity
• Causing or inciting a child under 13 to engage in sexual activity

What is the legal defence for someone accused of sexual grooming?

As you may expect, the exact defences that may be available for sexual grooming offences will depend on a number of circumstances and external factors.

If it can be shown that communication did take place between the accused and the alleged victim (often via a digital forensics investigation), a defence will often centre around demonstrating that the relationship was innocent and was not sexual in nature.

Defences could also involve demonstrating that you had no reason to believe that the alleged victim was under the age of 16, or that the communication was carried out by someone else who had access to your devices.

After instructing our specialist solicitors, we will work alongside you to build an effective defence, challenging any evidence brought forward by the police and prosecution.

What are the penalties for sexual grooming offences?

The potential penalties you could face for sexual grooming can vary significantly depending on the exact offence(s) you are charged with. In addition to this, various aggravating and mitigating factors will also be taken into consideration, as well as the presence of a guilty plea.

For the following criminal offences that are closely associated with sexual grooming, the following maximum penalties apply, as per sexual grooming laws:

• Sexual communication with a child – 2 years’ imprisonment.
• Causing a child to watch a sexual act – 10 years’ imprisonment.
• Meeting a child following sexual grooming – 10 years’ imprisonment.
• Causing or inciting a child to engage in sexual activity – 14 years’ imprisonment.
• Causing or inciting a child under 13 to engage in sexual activity – 14 years’ imprisonment.

It is important to note that the penalties are likely to be more severe if the grooming took place over an extended period, where an attempt was made by the victim to cut off communications or the offender was in a position of trust.

What are the other consequences to sexual grooming offences?

If you are charged with a sexual grooming offence, there are a range of other potential consequences you could face.

Ancillary orders

In some cases, the court may see fit to issue an ancillary order against anyone who is found guilty of the sexual grooming of children.

Ancillary orders are additional requirements or restrictions that will affect someone’s finances, property or general activities.

In this case, ancillary orders which could be handed out for grooming sexual abuse include:

• Public interest and out of court disposals – These may be handed out where there are public interest factors that outweigh any that are in favour of prosecution.
• Payment of costs applied for – The police may meet some of the costs involved in a prosecution, the costs from an investigation are often sought from someone who is convicted.
• Victim’s surcharges – Where those convicted of an offence are required to pay a financial penalty, which serves to compensate the victim of the crime.

Sex Offenders Register

If you are found guilty of sexual grooming, this means that you are likely to also be placed on the Sex Offenders Register.

Anyone who is registered on the sex offenders list is required to register with the police within three days of their conviction or release from prison. They need to provide a comprehensive list of information, including:

• Their name
• Their address
• Whether they are living with a child
• Details of the conviction
• Details of bank accounts
• Date of birth
• Their national insurance number
• Passport details

It is a criminal offence if someone fails to register with the Sex Offenders Register within three days.

Those who are on the Sex Offenders Register are required to notify the police when any of the previously supplied information changes. They are also required to provide notice when they plan to travel abroad.

Sexual Harm Prevention Order

After a charge of sexual grooming is brought forward, a Sexual Harm Prevention Order (SHPO). These orders implement certain conditions and will prevent someone from carrying out certain actions. For example, they may be unable to travel abroad, access the internet without monitoring software, or be able to visit certain places where there are likely to be children.

What happens if a child lies about their age?

If a minor lies about their age, this may be a valid defence for anyone facing allegations of sexual grooming. However, for this to be a reasonable defence, it needs to be proven that someone had a genuine reason to believe that the person they were speaking to was over the age of 16.

What should you do if you are accused of the sexual grooming of children?

Whether you are under investigation, or are being charged with a sexual grooming offence, it is imperative that you speak to a specialist sexual offences solicitor as soon as possible. Having the right legal representation could mean the difference between being charged or not.

The potential sentences you could receive for the sexual grooming of children can be extremely serious, with prison sentences being a very real prospect. Putting sentences aside, you could also be placed on the Sex Offenders Register, which can have a major impact on both your life and your family’s.

If you have been arrested for sexual grooming, it is essential that you understand your legal rights and what actions may serve to undermine your defence.

At JD Spicer, our specialist sexual offence solicitors will work alongside you to review the details of your case and provide tailored support that will allow you to avoid penalties or achieve a reduced sentence.

Speaking to a solicitor will not signify guilt in any way. You are entitled to receive legal advice at any stage, and this will never have a negative impact on your defence.

As specialists in the area of sexual offences, we work closely with leading digital forensics experts, including Cyfor, who provide efficient advice on the digital forensics aspect of the police investigation.

Contact our sexual grooming defence lawyers today

For urgent specialist advice, immediate representation or to speak to us confidentially about allegations of sexual grooming or any other type of sexual offence, please do not hesitate to get in touch with our experienced sexual grooming solicitors.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

• Brent & Camden London Office: 020 7624 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.

24/7 legal representation for sexual grooming offences

For immediate representation and advice on dealing with allegations of child grooming, or any other type of sexual offence, anywhere in England or Wales at any time, please contact our Emergency Number: 07836 577 556.

The Lucy Faithfull Foundation

If you are a victim of child sexual abuse or at risk of offending, please contact the Lucy Faithfull Foundation for advice.