Sexual offences
Sexual activity with a child
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Indictable only
- Maximum penalty
- 14 years’ custody
Actus reus
- A (aged 18 or over) intentionally touches B; the touching is sexual; and either B is under 16 and A does not reasonably believe B is 16 or over, or B is under 13 (SOA 2003, s.9(1)).
Mens rea
- Intention as to the touching.
- If B is 13–15: no reasonable belief B is 16 or over. If B is under 13, age is an element — there is no reasonable-belief-in-age route on s.9(1)(c)(ii).
Defences
A was under 18 (wrong section — under-18s are s.13) · Touching not sexual · Reasonable belief B was 16 or over (only where B is not under 13) · Deny the touching / identification
Sentencing Council
Sentencing Council guideline effective 1 April 2014. Offence range: Community order – 10 years’ custody.
At the police station
s.9 is the 18+ offence. Penetration changes the indictment maximum structure (s.9(2)) but the core elements stay the same. Consent of a child under 16 is not a defence.
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.
- Statute:Sexual Offences Act 2003, s.9 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Rape and sexual offences (full guidance) ↗