Sexual offences
Sexual activity with a child family member
Sexual Offences Act 2003, ss.25–26
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
- Intentionally touches another (B); the touching is sexual; the relationship is within SOA 2003, s.27 (s.25). s.26 is inciting a child family member to engage in sexual activity. Check the section.
Mens rea
- Intention as to the touching. Where B is 13 or over, no reasonable belief B is 18 or over. Where B is under 13, age is an element. A must also know or be able reasonably to be expected to know of the family relationship (read s.25(1)).
Defences
Not a s.27 relationship · Did not know and could not reasonably be expected to know of the relationship · Reasonable belief B was 18 or over (only if B is not under 13) · Touching not sexual
Sentencing Council
Sentencing Council guideline effective 1 April 2014. Offence range: Community order – 10 years’ custody.
At the police station
Map the family tree against s.27. s.13 (under-18s) is a different charge if A is under 18.
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.