The process of fostering a relationship with a child, with the intention that such a relationship will become sexual, is called ‘grooming’. It is a criminal offence to groom a child for these purposes, under sections 14 and 15 of the Sexual Offences Act 2003 and can carry a prison sentence of up to 14 years.

The age at which a person can legally consent to a sexual act is 16 years old. Any sexual act with a child under 16 is an offence. If you are accused of any sexual offence, instructing legal representatives is very important. Those under investigation face not only large criminal penalties but severe reputational damage and a listing on the Sex Offenders Register.

In the English legal system, defendants are presumed to be innocent unless proved to be guilty. This extends to child sex offence matters. However, our clients often tell us that they are treated as guilty from the moment of accusation, as their friends and colleagues desert them. Engaging legal representatives early can stop the proceedings before they are public knowledge.

What is grooming?

The three grooming offences are as follows:

S14 Sexual Offences Act 2003 – Arranging and facilitating a child sex offence

An adult (18+) commits an offence if they communicate with someone under the age of 16 to bring about sexual abuse. This communication can be via any method. A common platform for grooming is Instagram, but grooming can take place in-person as well. Many cases of grooming are planned in advance and take place over a long period.

The offence is still committed even if the child is not real (i.e interacting with what seems to be a child’s online account, when really the account is a decoy operated by an adult.) So-called ‘paedophile hunters’ deploy this tactic to ensnare groomers and usually pass the case on to the police.

S15 Sexual Offences Act 2003 – Meeting a child following sexual grooming

It is a criminal offence for an adult (18+) to meet a child under 16 after grooming them (unless the adult has reasonable belief that the child is in fact over 16).

The meeting must be intentional and follow more than one instance of communication. The offence can also be triggered if the adult travels with the intention of meeting the child.

S15A Sexual Offences Act 2003 – Sexual communication with a child

If an adult speaks to, messages or otherwise communicates with a child for sexual purposes, this is a criminal offence (unless the adult has reasonable belief that the child is over 16).

I have been accused of a child sexual offence, what do I do?

If you have been accused of a child sexual offence, you will likely be extremely worried. Child sexual offences carry high levels of media interest and stigma as well as large criminal penalties. Do not panic. With careful negotiation and written representations, we have known cases to be dropped even before they are formally charged.

It follows that, especially in child sex cases, instructing legal representation at an early stage is critical to the overall success of any defence. If you are taken to a police station, you are entitled to free legal advice. Our specialist sexual offences team has an excellent reputation built upon a history of successful outcomes for our clients. At the police station, ask for ABV Solicitors. We will allocate an experienced sexual offence solicitor to your case immediately.

If your case is already under way, it is not too late to instruct us. Call ABV Solicitors on 0344 587 9996 to speak to one of our expert lawyers. We have the knowledge and experience to help.