SEXUAL COMMUNICATION WITH A CHILD

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Sexual communication with a child is a serious criminal offence under Section 15A of the Sexual Offences Act 2003. The law is states:

“A person aged 18 or over intentionally communicates with a child under 16, who the adult does not reasonably believe to be 16 or over, if the communication is sexual or if it is intended to encourage the child to make a communication which is sexual.”

This offence covers written, verbal, and digital communication, whether sent via text message, social media, messaging apps, or other online platforms.

The offence is designed to protect children from grooming, exploitation, and emotional harm. It applies regardless of whether the child is real—many prosecutions result from sting operations involving police officers or members of the public posing as children online.

In such cases, it is the intent and content of the communication that forms the basis of the charge, not the actual age of the recipient.

Sexual communication with a child often arises alongside other offences, including:

• Grooming
   
• Causing or inciting a child to engage in sexual activity
   
• Causing a child to watch sexual activity
   
• Possession or distribution of indecent images of children
   

Investigations are typically digital evidence-heavy, involving chat logs, phone data, and forensic computer analysis. Our solicitors are highly experienced in scrutinising such material and ensuring your legal rights are fully protected.

A key defence is if the accused reasonably believed the child was 16 or over. However, this must be supported by evidence that the adult:

• Took steps to verify the child’s age
   
• Was misled by information the child provided
   
• Was influenced by comments or behaviour suggesting the child was older
   
• Relied on appearance, particularly if images were exchanged
   

This is a fact-specific defence: the burden falls on the defendant to prove the belief was reasonable in the circumstances.

These allegations are often distressing and reputationally damaging. If you're under investigation or have been contacted by the police—whether in person, by letter, or via a voluntary interview—do not attempt to explain yourself without legal representation.

At Sexual Offence Defence, we provide expert advice and representation from the earliest stages of the investigation. We understand the sensitivity of these matters and will act discreetly and strategically to protect you, your rights, and your reputation.