Understanding the Offence of Sexual Communication with a Child: Implications & Defence Strategies

BSQ’s specialises in defending individuals accused of sexual misconduct. Part of our practice expertise in this area includes representing clients against allegations of the Offence of Sexual Communication with a Child.

Since the enactment of a new law in April 2017, making Sexual Communication With A Child a criminal offence, BSQ has been instructed in numerous prosecutions related to this offence. Below we summarise the implications of this offence, which falls under Section 15A of the Sexual Offences Act 2003.

Background

Before the introduction of this law, cases involving adults contacting children in a sexual context which fell short of the "grooming" offence, were difficult to prosecute. The old law did not for example, always capture cases where the meeting a child after sexual grooming offence was not made out, and nor was the incitement to sexual activity offence.

So, for instance, prosecuting cases where sexual communication with a child occurred, but did not involve physical meetings or attempts to meet the child, and lacked explicit incitement to sexual activity was often challenging. Section 15 was designed to close this loophole.

How the Offence Works

The s.15A crime of Sexual Communication with a Child applies where contact is made with children through electronic means (email or texts) or on social media platforms. Typically, BSQ have encountered cases where this type of contact begins in private chatrooms such as kik messenger before the parties move to direct communications on another application.  

See our detailed blog on the legal requirements for this offence.

Any form of communication which is deemed to be sexual is caught by the offence, with courts interpreting the concept of sexual gratification widely in decided caselaw.

Where an adult tries to arrange a meeting with a child (or adult posing as a child – see below) the more serious offence of Arranging or facilitating commission of a child sex offence, contrary to Section 14 of the sexual Offences Act, may be committed. 

Sexual Communication with A Child & Vigilante Paedophile Hunters

Very frequently, police investigations begin after reports are received from adult individuals often referred to as paedophile vigilante hunters posing as children in online chat rooms.

Sometimes undercover police officers will perform this role.

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 charges individuals attempting to commit the offence in this scenario, despite the fact that the individual speaking to may be an adult and not a child. This is not a legal barrier to a prosecution.sentencing guidelines for this offence were substantially increased by the Court of Appeal following the decision of R v Reid in April 2021. .

Verifying Age

An essential ingredient of the office is the requirement to prove that the adult knew the child’s age to be under 16 or did not reasonably believe the child to be 16 or over.  This can often form the basis of a defence in these types of cases – see our case study - and the examples below – as the age of the child in online conversation in environments such as ‘teen” chat rooms may not always be clear.  Proving that the adult had cause to know or suspect the person they were communicating with was a child can be difficult to establish. 

Young Adults and Consensual Relationships

An essential ingredient of the offence is the requirement to prove that the adult knew the child’s age to be under 16 or did not reasonably believe the child to be 16 or over.  This can often form the basis of a defence in these types of cases – see our case study - and the examples below – as the age of the child in online conversation in environments such as ‘teen” chat rooms may not always be clear.  Proving that the adult had cause to know or suspect the person they were communicating with was a child can be difficult to establish. 

Sentencing

Upon conviction the offence carries a maximum sentence of two years imprisonment, which is less severe than the more serious grooming charge or the offence of arranging or facilitating commission of a child sex offence contrary to Section 14 of Sexual Offences Act LINK to BLOG. In practice, individuals charged under this provision, particularly those of good character, may, avoid imprisonment if effectively represented by an experienced criminal defence practitioner.

Sex Offenders Register

A conviction under this offence results in automatic placement on the Sex Offenders Register – see our BSQ on the Sexual Offenders Register.

Case Studies

Following a two-year investigation, the Metropolitan Police decided to discontinue an inquiry involving BSQ's client, C, who faced accusations of sexual communication offences. The closure of the case came after extensive pre-charge representations were submitted on behalf of C that the evidence did not disclose an offence. BSQ Partner Roger Sahota was instructed.

How BSQ Can Help

The law and procedures in sexual offence 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 these 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.

Enquiries from friends and family

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.

For more information about our sexual offences solicitors defence services, see our practice page.

If you are accused of a sexual offence and require legal representation, please contact our criminal defence solicitors in our London offices on 020 3858 0851.