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Abuse of position of trust: sexual activity with 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 with a child

Sexual Offences Act 2003, ss.16–19

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

  • A (18 or over) intentionally touches B; the touching is sexual; A is in a position of trust in relation to B (SOA 2003, s.16). Positions of trust are in ss.21–22.

Mens rea

  • Intention as to the touching. B is under 18. If B is 13 or over, A does not reasonably believe B is 18 or over. A knows or could reasonably be expected to know of the circumstances of the position of trust.

Defences

Not in a position of trust · Did not know and could not reasonably be expected to know of those circumstances · Reasonable belief B was 18 or over (if B is not under 13) · Marriage/other civil-partnership exceptions in ss.23–24 if they apply — read them; do not assume

Sentencing Council

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

View definitive guideline ↗

At the police station

Teacher, care and youth-work roles are the usual s.21 facts. Confirm B’s age and the role at the date of the touching.

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.