Sexual offences
Paying for the sexual services of a child
Sexual Offences Act 2003, s.47
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Indictable only
- Maximum penalty
- Victim under 13 (penetrative), Life imprisonment Victim under 13 (non-penetrative), 14 years’ custody Victim aged 13–15, 14 years’ custody
Actus reus
- Intentionally obtains for himself the sexual services of another (B); B is under 18; a payment is made or promised, or A knows another person has made or promised payment (SOA 2003, s.47).
Mens rea
- Intention to obtain the services. If B is 13 or over, A does not reasonably believe B is 18 or over. If B is under 13, age is an element.
Defences
Did not obtain sexual services · No payment or promise, and no knowledge of another’s payment · Reasonable belief B was 18 or over (if B is not under 13)
Sentencing Council
Sentencing Council guideline effective 1 April 2014. Offence range: Victim aged 16–17, Community order – 5 years’ custody This guideline should be used only where the victim is aged 16 or.
At the police station
Messages and payment trails first. s.47 is not the same as s.52/s.53 adult-prostitution offences.
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.