Sexual offences
Sexual assault of a child under 13
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.
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.
- Statute:Sexual Offences Act 2003, s.7 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Rape and sexual offences (full guidance) ↗