The Age Threshold in Indecent Images Cases

The age threshold in indecent images cases is different to the age of consent.

The age of consent for lawful sexual activity for a child is 16 years of age. However, the definition of a child for the purposes of an indecent prosecution is a person under the age of 18.

 The age threshold was altered upwards from 16 to 18 with the introduction of the Sexual Offences Act 2003, section 45. Previously, the age of a child in the context of an indecent images prosecution was defined as 18 in section 18 of the Protection of Children Act 1978.

It is therefore unlawful to possess an indecent photograph of a child of the age of 16 and 17.

Disputes Over Age

BSQ have been involved in many cases where disputes have arisen over the age of a person said to be depicted in an indecent photograph.

In law, any dispute concerning the age of a person depicted in a photograph is a matter for a jury to decide using their experience and judgement. The law stipulates that expert evidence cannot be admitted to prove age.

Disputes over age however can often be resolved without a case needing to go to trial. Read about the case of J for example in our BSQ indecent images case studies for a recent example of an acquittal in a case where the age of model said to be depicted in indecent photographs was disputed and ultimately led to the Crown offering no evidence and discontinuing a prosecution against our client. We have acted in many cases where we have disputed the categorisation of the images charged or successfully that images show post pubescent adults who could just as easily be 18 years or over or are not clear enough to ascertain the age of the participants.

16- 17 year olds

Different considerations may apply when dealing with images of 16 and 17—year-olds and it is recommended that specialist legal advice is sought in cases of this nature.

How BSQ Can Help

The law and procedures in indecent images cases is far from straightforward. Most of our clients - who are mainly working professionals but can be drawn from every walk of life - find themselves in a situation they never imagined. Seeking guidance and legal advice from an experienced professional who specializes in indecent images cases becomes critical.

At BSQ, we provide an initial post-police interview consultation to our clients. During this consultation, we outline the following:

• What to expect in the upcoming legal process.

• Potential defences and alternatives to prosecution.

• Worst-case scenarios and possible outcomes.
  

Our goal is to ensure that our clients have a clear understanding of their situation and the legal options available to them.

If you are worried about your partner or a close friend or family member who has recently been arrested in an indecent images investigation, we would be happy to speak to you. As long as certain rules are complied with, we are permitted to taking instructions from third parties. 

You can find more information about our indecent images solicitors defence services, see our practice page.

 If you are accused of an indecent images offence and require legal representation, please contact our London offices on 020 3858 0851.