Causing or Inciting Sexual Activity

Being accused of causing or inciting someone to take part in sexual activity can be very distressing, especially where the alleged victim is a child. In the most serious cases, you could face a sentence of up to life imprisonment, so it is essential to have the right legal advice from the start. We can offer same day appointments including virtual and out of hours if you work.

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Our criminal defence lawyers have extensive experience with defending clients against charges of causing or inciting sexual activity, including in high-profile and complex cases. We can therefore provide the clear, effective advice you need to avoid charges where possible, see existing charges dropped, or help you get the best possible outcome during court proceedings.

If you have been arrested or charged with causing or inciting sexual activity, you can contact us 24-hours a day, seven days a week for immediate expert advice and representation.

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There is limited recourse for you if you are falsely accused. Click a selection of the cases we have covered. The best thing you can do is to instruct an excellent solicitor from the outset.

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We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.

Can you get cases dropped?

Yes, read about the recent cases we've helped our clients with here.

We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you.

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OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED -

"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".

Do you offer free consultations?

Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about –

Whether we can take the case on and our relevant experience.
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Assistance in applying for legal aid where we are likely to accept instructions.
An outline of options in police interview only. We will not advise you on which option to adopt.
Providing our free written guide explaining the police station process.
The gravity of routine and day-to-day offences you face.
Consequences of not attending the court or police station.
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Retaining any evidence in support of your case.
If possible an outline of the elements of the offence that the police or CPS must prove.
This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.

Consultations do not apply to the following cases –

If we do not intend to take the case on.
Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
If your relationship has broken down with your existing solicitor or several solicitors.
If you have been released under investigation and have already had a police station attendance.
If you hold legal aid with another firm and seek a second opinion.
If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
To businesses.
Advising whether you were given good advice by your other solicitor.
Whether to decide to plead guilty or not guilty.
Whether you have an arguable defence in law or factually complicated defences.
Any advice you have had after your first court appearance.
Any advice on appeal on conviction or sentence.
If we feel we are unable to communicate with you.
If we are likely to be conflicted or breach our professional rules.

Our expertise with offences of causing or inciting sexual activity

We have advised and represented clients facing allegations of the most serious sexual offences for many years, giving us exceptional expertise and skill in handling these complex cases. We also understand the emotional toll dealing with these types of accusations can have, so can offer the compassionate personal support you need to get through this difficult time.

We recognise how damaging allegations of a sexual offence can be and have handled a number of high-profile cases in the past. As such, you can be assured that our team will handle your case in a sensitive and efficient way, helping to limit any negative impact on your reputation, livelihood and family.

We have exceptional expertise in the use of forensic evidence, such as DNA, which is often critical to sexual offences cases. Our team are also highly skilled with leveraging digital evidence, including mobile phone and app data, which is at the heart of many modern sexual offence prosecutions.

We work with many of the country’s leading criminal defence barristers specialising in sexual offence cases, so if your case does go to court, we can make sure you have the best possible representative.

What to do if you are accused of causing or inciting sexual activity

If you are arrested on suspicion of causing or inciting sexual activity, it is essential to be aware of your rights so you do not say or do anything to unintentionally harm your defence.

When being interviewed by police following allegations of causing or inciting sexual activity, please remember:

You do not have to answer any questions asked by the police.
You should never answer any police questions without a solicitor present.
You have the right to free legal representation.
You can use the duty solicitor available or choose your own lawyer.

When you are arrested, the arresting officers must tell you what specific offence you are accused of committing and they must caution you by using the words:

“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

Following a police interview for causing or inciting sexual activity, one of the following will occur:

You are released with no further action
You are released under investigation
You are charged with sexual assault

If you are charged with causing or inciting sexual activity, a date will be set for a court hearing. You may then be released on bail or kept in custody until your court appearance.

If you are released with no further action or under investigation, you can still potentially be rearrested or summonsed to attend court at a later date.

What is considered causing or inciting sexual activity?

There are three different specific offences involving causing or inciting sexual activity:

Causing a person to engage in sexual activity without consent

Where a person (X) causes another person (Y) to engage in sexual activity to which Y does not consent and X does not reasonably believe that Y consents.

The sexual activity could involve just the victim (e.g. if they were forced to masturbate), sexual activity with the offender or sexual activity with a third-party (who may or may not be a willing participant).

Causing or inciting a child to engage in sexual activity

Where someone over 18 (X) causes or incites someone else (Y) to take part in sexual activity and:

Y is under 16 and X did not reasonably believe they were over 16

Or:

Y is under 13

This offence is usually used where the victim was aged 13-15 at the time of the offence and they maintain that they consented to the sexual activity.

Causing or inciting a child under 13 to engage in sexual activity

Where the offender causes or incites someone under the age of 13 to take part in any type of sexual activity.

Penalties for causing or inciting sexual activity

The potential penalties will depend on the specific type of offence, as well as factors such as the seriousness of the sexual activity involved, whether force was used, the impact on the victim and whether the victim was considered vulnerable due to personal circumstances.

The possible penalties for each type of offence are:

Causing a person to engage in sexual activity without consent – Up to life imprisonment (if penetration was involved) or up to 10 years’ custody (where no penetration was involved).

Causing or inciting a child to engage in sexual activity – Up to 14 years’ custody.

Causing or inciting a child under 13 to engage in sexual activity – Up to life imprisonment (if penetration was involved) or up to 14 years’ custody (where no penetration was involved).

There is also the possibility of being subject to an order such as a Sexual Harm Prevention Order.

What defence is there against charges of causing or inciting sexual activity?

Possible defence strategies will depend on the type of offence and the circumstances.

General defences may include that no sexual activity took place or that you had no role in causing or inciting any sexual activity that did take place.

For an offence of causing sexual activity without consent, defence options can include arguing that the alleged victim did consent to the activity or that you reasonably believed that they consented.

For an offence of causing or inciting a child to engage in sexual activity, defence options can include arguing that you reasonably believed that the child was over the age of 16.

For causing or inciting a child under 13 to engage in sexual activity, mistakenly believing that the alleged victim was older than 13 is not considered a defence.

However, if you are accused of “aiding, abetting or counselling” an offence, there can sometimes be a defence if your purpose was to protect the child from greater harm e.g. giving them condoms or other forms of birth control to protect against the risk of sexual transmitted diseases or pregnancy.

Our sexual offences defence solicitors can advise you on the various defence strategies available to help you avoid prosecution or conviction, or to minimise any legal penalties if you are convicted or an offence.

Contact our sexual offences defence lawyers today

For urgent specialist advice, immediate representation or to speak to us confidentially about allegations of causing or inciting sexual activity or any other type of sexual offence, please do not hesitate to get in touch.

You can contact our dedicated sexual assault defence solicitors 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 offences allegations

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

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