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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.
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.
A conviction for causing or inciting sexual activity can be devastating for you and your loved ones. As well as the threat of losing your freedom, a conviction could cost you your job, your relationships and your reputation, making it very hard to move on from in future.
Our highly skilled criminal defence team have secured favourable outcomes for a wide range of clients accused of causing or inciting sexual activity over the years. With more than 40 years’ experience dealing with some of the most serious and high-profile sexual offences cases across England and Wales, we can ensure your defence is handled the right way.
We speak a variety of languages across our team and work with a number of accredited interpreters, so whatever your background, we can effectively advise you in any language and represent you during all stages of criminal proceedings.
Need immediate legal support for causing or inciting sexual activity? Our accredited Police Station Representatives and solicitors are available 24 hours a day 365 days a year using the emergency numbers listed at the top of the page.
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
- 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).
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: firstname.lastname@example.org
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.
For new serious cases you can email a senior partner/lawyer directly by clicking here. When you call us you can request a call back or meeting the same day with a senior partner/lawyer or Barrister.
If you believe your case is likely to have serious consequences for you now, or in the future, and you have the means to pay for this service please read more about our bespoke private fee service.