Familial Child Sex Offences
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What Is A Family Relationship?
Section 27 of the Act provides definition as to what is a family relationship and the following scenarios are covered:
- First, those listed in subsection (2), such as parent, grandparent, brother, sister, step-parent, half-brother, half-sister, uncle, aunt, foster parent etc., will always be family members
- Second, those listed in subsection (3), such as partner of the other’s parent or cousins, will only be family members if A lives, or has lived, in the same household or is, or has been, involved in the caring, supervising or sole charge of the child
- The third category is similar to the second except that it applies only to those who are currently living in the same household e.g. an au pair who has responsibility for the child
The Offences | Explained
Section 25 – Sexual Activity With A Child Family Member.
A person (A) commits an offence if—
(a) he intentionally touches another person (B)
(b) the touching is sexual
(c) the relation of A to B is within section 27
(d) A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and
(e) either—
(i) B is under 18 and A does not reasonably believe that B is 18 or over, or
(ii) B is under 13
Section 26 – Inciting A Child Family Member To Engage In Sexual Activity.
A person (A) commits an offence if—
(a) he intentionally incites another person (B) to touch, or allow himself to be touched by, A
(b) the touching is sexual,
(c) the relation of A to B is within section 27,
(d) A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and
(e) either—
(i) B is under 18 and A does not reasonably believe that B is 18 or over, or
(ii) B is under 13
What is the Court Procedure?
- If the offence involves penetration, the charge is indictable only and will be heard in the Crown Court
- If there is no penetration, the charge can be heard either in the Magistrates’ Court or Crown Court
The maximum sentence is fourteen years imprisonment.
What Factors Could Influence The Sentence?
When determining the seriousness of the offence the following maybe relevant:
- The nature of the sexual activity
- The age and degree of vulnerability of the victim
- The age gap between the victim and the offender and
- The nature and extent of the breach of trust arising from the family relationship
Who Can I Contact For Advice & Help?
It is imperative that you instruct an experienced solicitor as soon as you are made 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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