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Sexual assault of a child under 13

Sexual offences — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Sexual offences

Sexual assault of a child under 13

Sexual Offences Act 2003, s.7

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Either way
Maximum penalty
14 years’ custody

Actus reus

  • Intentionally touches another person; the touching is sexual; the other person is under 13 (SOA 2003, s.7(1)).

Mens rea

  • Intention as to the touching. There is no consent element and no reasonable-belief-in-age defence on s.7.

Defences

Deny the touching / identification · Touching not sexual · Complainant was not under 13 — that is an element, not a “reasonable belief” issue

Sentencing Council

Sentencing Council guideline effective 01 April 2014. Offence range: Community order – 9 years’ custody.

View definitive guideline ↗

At the police station

Consent is irrelevant. If the client talks about a relationship or belief as to age, that is not a s.7 defence. Solicitor on the call.

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.