Offences Against Children Under 13

THE LEGISLATION

Sections 5 – 8 of the Sexual Offences Act 2003 create four offences in relation to offences committed on children under the age of 13.

The offences are:

Section 5 – Rape – it is an offence for a person intentionally to penetrate with his penis the vagina, anus or mouth of a child under 13
Section 6 – Assault By Penetration – it is an offence for a person intentionally to penetrate sexually the vagina, or anus of a child under 13 with a part of his body, or with anything else
Section 7 – Sexual Assault – it is an offence for a person to touch a child under 13 sexually
Section 8 – Causing Or Inciting a Child under 13 to Engage in Sexual Activity – it is an offence for a person intentionally to cause or incite a child under the age of 13 to engage in sexual activity

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The Issue of Consent

Consent in relation to the above offences is irrelevant, and offers no defence to the crime.

Government has decided that a child under the age of 13 is not able to consent in any circumstances to any form of sexual activity.

It is not a defence to have a reasonable belief that the child was not under 13.

What Do The Prosecution Have To Prove?

For the Prosecution to obtain a conviction for these offences they only have to prove two things:

That the sexual activity took place and was intentional
The age of the complainant at the date the activity took place

What is The Court Procedure?

Sections 5 and 6 are indictable only offences which can only be dealt with in the Crown Court and carry a maximum sentence of life imprisonment.

Section 7 is an either way offence and can be dealt with in the Magistrates’ Court or the Crown Court.

The more serious offences will be sent to the Crown Court, where the maximum sentence is 14 years imprisonment.

Section 8 can be indictable only if penetration is involved and for which a life sentence is the maximum sentence. If the activity does not involve penetration, the offence is either way with a maximum sentence of 14 years imprisonment.

More details in relation to sentencing guidelines for sexual offences can be found here.

Who Can I Contact For Advice & Help?

It is imperative that you instruct an experienced solicitor as soon as you are aware of an allegation being made.

Crucially, it is always important to have a solicitor present in interview at the police station, whether it is an interview by appointment or under arrest.

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CHAMBERS UK

Kangs is a very proactive firm. They are always very quick off the mark in cases, which provides clients with great reassurance. They are always available to meet with clients at short notice, which is invaluable as often the advice sought is urgent.

CHAMBERS UK

Words cannot express the way I feel knowing that the Jury believed my innocence of the allegations made against me…I am very grateful to my Lawyer and Barrister for the level of support throughout my case. I can now live without the stigma of being a sexual offender.

CLIENT

This has been a very harrowing experience for me and my family. There have been some very dark moments over the last 12 months or so but I have had to stay strong in order to fight these false allegations. I have been helped enormously by my solicitors who have dealt with my matter with patience and great diligence. The support I received during the trial was fantastic and I would like to extend a special thank you to them.

CLIENT

I contacted Kangs Solicitors having been arrested for an allegation of rape. I was in complete shock at what had happened as I had been falsely accused and I needed immediate experienced legal support. Upon meeting the senior partner of Kangs Solicitors, Hamraj Kang, I felt that they immediately understood my situation due to their considerable experience dealing with such cases. I was very comfortable with the way they sympathetically explained how they could assist me and what I would need to do with their help to prepare my case. My case was prepared to an exceptionally high standard. Kangs selected the perfect barrister for my situation in order to fight my case. I am just so thankful that I instructed Kangs Solicitors as they really have made a huge difference to my life. Thank you.

CLIENT

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