Sexual Communication With A Child.

Sexual communication with a child is the act of speaking to a child online with the intention of sexual gratification. It is deemed by the law to be an offence if:

• A person aged 18 or over communicates with a child under 16.
• The person does not reasonably believe that the child is 16 or over.
• The intention is to gain sexual gratification.
• The adult makes sexual communication or encourages the child to make sexual communication.

Sexual communication is messaging that relates in any way to sexual activity. This includes anything a reasonable person would deem as sexual. Intercourse or arousal are some examples of this.

This question has become more common in recent times, with the emergence of police and vigilante groups posing as children online. They do this to lure out potential groomers who attempt to have sexual communication with a child.

Legally, it is still an offence to sexually communicate with someone online who states that they are underage. Because of this, the court will treat the case the same as if you did speak to a child under 16.

If the people posing as a child commit an offence in pursuit of this, it can be vital in building a defence for your case.

Sexual communication with a child can be met with severe consequences due to the nature of the offence. These will differ depending on the severity of the given matter. The punishments include:

• Maximum of two years imprisonment.
• A fine or community sentence (for less severe offences.)
• Placement onto the Sex Offender Register.

There are a number of factors that can affect a court ruling. For example, the court will consider prior convictions and the level of remorse shown by the defendant when sentencing. Remember that no cases are the same.

As it is a technical area of law, sexual communication with a child usually commits other offences too. Consequently, the court will attempt to charge you with any other offences that may overlap with your case. Some of these include:

• Meeting a child following sexual grooming.
• Encouraging a child to engage in sexual activity.
• Possession of indecent images of children.

Being an ‘either-way’ offence, sexual communication with a child will go to either the Magistrates’ or Crown Court. Therefore, a matter that commits multiple offences will most likely go to the Crown Court.

Being convicted of sexual communication with a child can be a scary prospect to face. It can do considerable damage to your life and career, which is why we highly suggest consulting legal advice. Thankfully, our sexual offence solicitors have experience in matters such as this.

At Britton and Time, our solicitors can ensure that you will receive:

• The best possible defence for your case.
• A professional with experience in dealing with criminal defence cases.
• An understanding of your standpoint and available options.
• The knowledge to reduce potentially damaging impacts on your future.

We are currently unable to offer legal aid in any capacity as we lack the necessary legal aid certificate. We also don’t offer pro bono work at present.