The legal framework
Sexual offences involving children are governed primarily by the Sexual Offences Act 2003. Children under 13 cannot in law consent, and offences against them carry particularly severe maximum sentences. For children aged 13–15, consent is generally not a defence to the relevant offences, though reasonable belief as to age may be relevant in limited circumstances. A range of offences also covers abuse of trust, familial offending, and indecent images.
The law draws firm lines based on age. The age of consent is 16; sexual activity with a child under 16 is an offence regardless of apparent consent. For children under 13, consent is legally irrelevant — the offences are absolute. These distinctions drive both the charge and the sentence.
Common offences
- Rape and assault of a child under 13 (ss.5–6)
- Sexual activity with a child (s.9)
- Causing or inciting a child to engage in sexual activity (s.10)
- Sexual activity in the presence of a child (s.11)
- Abuse of position of trust offences (ss.16–24)
- Meeting a child following sexual grooming (s.15)
How we help
- Immediate, confidential advice from the point of allegation
- Careful management of digital evidence, including devices and accounts
- Instructing appropriate expert and intermediary evidence
- Sensitive handling of complainant evidence and special measures
- Robust defence where allegations are unfounded
- Sentencing mitigation and addressing notification and order requirements
Digital evidence and indecent images
Many of these cases turn on digital evidence — devices, accounts, messaging apps, and image files. We analyse how material came to be on a device, whether it was accessed deliberately, and whether attribution can properly be made to the person charged. Forensic analysis of devices is often central to the defence.
Indecent images offences are sentenced by reference to the categorisation of images and the volume in each category. We scrutinise the forensic classification, the basis of possession, and any evidence of deliberate collection, and we challenge over-stated categorisation where it would inflate the sentence.
Notification and orders
Conviction triggers mandatory notification requirements (the Sex Offenders Register) and often Sexual Harm Prevention Orders. Breach of these requirements is itself a criminal offence carrying imprisonment. We advise on the scope and consequences of these orders and on applications to vary or discharge them where appropriate.
The consequences of registration and orders extend well beyond any sentence: they affect employment, travel, residence, and family life for years. We advise on the precise consequences at the earliest stage and, where appropriate, on the steps that can be taken to limit or manage them.
Frequently asked questions
The age of consent is 16. Sexual activity with a child under 16 is an offence regardless of apparent consent. For children under 13, consent is legally irrelevant — the offences are absolute. Reasonable belief as to age is only a defence to certain offences and in limited circumstances.
Sentences are among the most severe in criminal law. Rape of a child under 13 carries a maximum of life imprisonment. The Sentencing Council Guideline applies aggravating factors including age differential, breach of trust, and abuse of position. We mitigate by correct categorisation and presentation of relevant personal mitigation.
Yes. Conviction for a qualifying offence triggers notification requirements — registration on the Sex Offenders Register — for a period that depends on the sentence. Sexual Harm Prevention Orders may also be imposed. We advise on the precise consequences and on any applications to vary them.
Reasonable belief as to age is only a defence to certain offences and only in limited circumstances. For offences involving children under 13, a belief about age is no defence at all. For some offences against 13–15 year olds, a reasonable belief that the child was 16 or over may be relevant, but the threshold is strict. We advise on whether the defence applies to your case.
Possessing, making, or distributing indecent images of children are serious offences sentenced by reference to the categorisation of images (A, B, or C) and the volume in each category. We scrutinise the forensic classification, the basis of possession, and any evidence of deliberate collection, and challenge over-stated categorisation where it would inflate the sentence.
Possession requires knowledge of the image’s presence or a sufficient degree of control. Unintentional or unknowing presence — for example, images cached without your knowledge — may not amount to possession. We analyse how material came to be on a device and whether attribution can properly be made to you.