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.
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.