Since the introduction of a new law in April 2017 making it a criminal offence for an individual to engage in sexual communication with a child BSQ has defended a number of these prosecutions which appear to be on the rise.

BSQ partner Roger Sahota, who specialises in defending serious sexual allegations summarises the implications of the offence which is contrary to Section 15 of the Sexual Offences act 2003.  Before the new law took effect cases where adults contacted children in a sexual context that fell short of “grooming” behaviour (such as where arrangements were being made to meet a child) were difficult to prosecute. The new law was designed to close this loophole where sexual communications with children which did not amount to an offence.

 Section 15 therefore makes it illegal to intentionally communicate with a person under 16 where the communication is sexual (or intended to encourage a child to make a sexual communication.)   In practical terms the legislation will be used where offenders contact children by electronic means (email or texts) or on social media platforms. BSQ for example has been instructed a number of cases where messages have been sent via the Kik or other messengers app to other chatroom users who appear to be underage.

The offence is broadly drafted which means it will capture any form of communication which can be said to be sexual – and the courts have in many decided cases defined what amounts to sexual gratification in this context very widely.

Importantly the offence also captures situations where individuals are engaged in online chats with vigilante paedophile hunters – normally adult men - who are posing as underage children in chatrooms. In this scenario, the vigilantes will forward a record of their chats – including screenshots and details of the ISP addresses used – to the police who will apprehend the persons responsible by tracing their ISP address.

The CPS regularly charge individuals with “Attempting” to commit the s.15 offence in this scenario relying on the legal principle that it is permissible to charge someone with “attempting the impossible”. This will justify the prosecution of someone who is making sexual communications with an e.g. 40-year-old male adult posing as a teenager on a chat room.

Because the law is so broad in definition it will also unfortunately also catch situations where young adults – just above the legal age of consent – are engaged in sexual communications with those under 16. In such cases, BSQ have experience of making vigorous representations to the Crown Prosecution Service arguing that in the context of consensual relationships between young people it will not always be in the public interest to prosecute.

Offenders on conviction will be automatically placed on the Sex Offenders Register. The offence carries a maximum sentence of two years imprisonment (far less than the more serious grooming charge) and in practice many of those charged under this provision – who will be of good character – may in BSQ’s experience avoid custody if properly represented by experienced criminal defence practitioners.

Read more about how we defend these cases in our sexual allegations overview.

If you require advice and assistance whilst you are under investigation please contact our London offices for a confidential consultation.