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Abuse of position of trust: sexual activity in presence of a child

Sexual offences — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Sexual offences

Abuse of position of trust: sexual activity in presence of a child

Sexual Offences Act 2003, ss.18–19

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Either way
Maximum penalty
5 years’ custody

Actus reus

  • Sexual activity in the presence of a child, or causing a child to watch a sexual act, where A is in a position of trust (SOA 2003, ss.18–19). Check which section.

Mens rea

  • Sexual-gratification purpose and the s.18/s.19 knowledge/belief/intent as to B’s awareness, plus position-of-trust knowledge as in s.16.

Defences

Not in a position of trust · Not for sexual gratification · Reasonable belief B was 18 or over (if B is not under 13) · ss.23–24 exceptions if they apply

Sentencing Council

Sentencing Council guideline effective 1 April 2014. Offence range: Community order – 2 years’ custody.

View definitive guideline ↗

At the police station

This is not s.16 touching. Presence/watching plus trust is the charge — do not collapse it into s.11.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested. For this allegation we would normally want a solicitor involved early.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Sexual offences

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.