Sexual Communication with a Child Offences

Speak to our sexual communication offence solicitors now

For a free initial consultation on your legal position and the available options with regards to allegations of sexual communication with a child, or attempted sexual communication with a child, please call 0207 624 7771.

For urgent advice at any time of day or night, please call our Emergency Number 07836 577 556.

You can also email: solicitors@jdspicer.co.uk or fill out our quick online enquiry form and we will get back to you quickly.

Why choose JD Spicer Zeb’s sexual communication solicitors?

No matter what your circumstances may be, or exactly what actions have allegedly resulted in a charge of sexual communication with a child being brought forward, it is important that you receive prompt legal advice from our specialist solicitors.

The complex nature of the offence, coupled with the various types of evidence that the prosecutors rely on, highlights the need for a thorough legal defence.

When instructed, our solicitors will carefully guide you through the process of defending your position, helping to clarify your current situation, future options, and what the possible outcome of the case is likely to be.

Over the years, we have established a reputation as one of the country’s leading firms specialising in providing representation for people accused of child sexual offences. We have previously handled various high-profile cases, so will be able to offer bespoke advice that is sensitive to your situation.

Our experience ensures we are highly skilled at using all types of evidence to support your case, including digital forensics. As specialists, we work closely with leading digital forensics experts such as Cyfor, who offer efficient advice on the digital forensics aspect of the police investigation.

We also work with many of the country’s leading criminal defence barristers who specialist in sexual offences, including sexual communication offences. As such, we are well positioned to support you and provide the best possible representation for any trials that may take place.

As a testament to our strong commitment to client care and focus, we receive many referrals and recommendations from clients who have been satisfied with our legal services. Our team have been established for over 45 years.

Common questions about sexual communication with a child in the UK?

What is sexual communication with a child?

Under Section 15a of the Sexual Offences Act 2003, it is an illegal offence for an adult (someone who is 18 or over) to intentionally communicate with a child (someone who is under the age of 16) with sexual intent.

The communication itself can be considered sexual in nature, or it is intended to encourage a child to make a communication themselves that is sexual.

Communication will be considered to be sexual in nature if any part of it relates to sexual activity, or any reasonable person would consider any part of the communication to be sexual.

It is also important to note that, for someone to be convicted of sexual communication with a child, they must not reasonably believe that the person is 16 or over.

What is an example of indecent sexual communication?

There are many examples of actions which could be considered to be sexual communication with a child. This includes:

• Text messages
• Emails
• Chat room conversations
• Social media posts and interactions

What is the sentence for sexual communication with a child?

The sentencing guidelines for sexual communication with a child are wide ranging. The exact sentence that could be handed out for anyone that is convicted will vary depending on a number of factors, including the harm caused and their perceived culpability.

‘Harm’ falls into one of two categories:

• Category 1:
  • Sexual images or digital media sent or received
  • Significant psychological harm or distress caused to the victim, or very likely to have been caused to the intended victim
• Category 2:
  • Factor(s) in category 1 not present

‘Culpability’ also falls into one of two categories:

• Culpability A:
  • Abuse of trust
  • Use of threats, gifts or bribes
  • Targeting of particularly vulnerable child
  • Commercial exploitation or motivation
  • Soliciting images
  • Offender acted together with others to commit the offence
• Culpability B:
  • Factor(s) in culpability A not present

Depending on these factors, the sentence could vary from a maximum of two years’ custody (where harm and culpability are high), down tow a medium level community order (where harm and culpability are low).

Will I be placed on the Sex Offenders Register for sexual communication with a child?

Sexual communication with a child law dictates that, if you are convicted, and receive a custodial sentence, you may face a range of additional penalties. This is likely to include being added to the Sex Offenders Register.

Anyone who is registered on the Sex Offenders Register will be required to register with the police and provide certain information, such as:

• 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

Failing to register on time (within three days of conviction or release from prison) is a criminal offence.

Are there any aggravating or mitigating factors for sexual communication?

There are a range of aggravating and mitigating factors that will influence the final sentence for attempted sexual communication with a child, or demonstratable sexual communication with a child.

Statutory aggravating factors could include:

• Prior convictions that are related to the offence
• The offence was committed on bail
• The offence was influenced or motivated by hostility toward certain characteristics, or presumed characteristics, of the victim, such as race, religion, sexual orientation, transgender identity and disability.

Additional aggravating factors may include:

• Failing to comply with court orders
• Attempting to dispose of evidence
• Failing to respond to previous warnings
• Financial reward offered to victim
• Steps taken to prevent victim from reporting incident
• Victim considered to be particularly vulnerable
• Offence involved sustained or persistent communication

Mitigating factors that could decrease the severity of the punishment handed out include:

• No previous convictions and/or relevant convictions
• Remorse
• Previous good character
• Isolated offence
• Age and lack of maturity
• Demonstration of steps being taken to address offending behaviour
• Physical disability or medical conditions which requires urgent or long-term treatment
• Mental disorder or learning difficulty, particularly where linked to the commission of the offence

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.

Contact our sexual communication solicitors today

For urgent specialist advice, immediate representation, or to speak to us confidentially about allegations of sexual communication with a child, please do not hesitate to get in touch with our specialist sexual offence solicitors.

You can contact a member of our dedicated team of sexual offence solicitors in London, Birmingham, and Manchester by telephone on:

• City of London: 0207 624 7771 - our senior Solicitors and Partners can meet by appointment in the City.
• Brent & Camden London Office: 0207 624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333

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 criminal defence lawyers & police station representatives

Please get in touch for a free initial consultation with one of our expert sexual offence solicitors, as well as immediate representation and advice related to sexual communication.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number 07836 577 556.