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AGE • SEXUAL ACTIVITY • REASONABLE BELIEF • EVIDENCE

Sexual Activity with a Child Defence

Sexual activity with a child offences are age-specific. The legal elements differ depending on the age of the child and the precise conduct alleged. In cases involving a child aged 13 to 15, reasonable belief that the child was 16 or over can be a central statutory issue.

KEY ANSWER

The position in brief

Section 9 Sexual Offences Act 2003 concerns intentional sexual touching of a person under 16 where the defendant is aged 18 or over and does not reasonably believe the child is 16 or over. Related sections cover causing or inciting sexual activity and offences involving children under 13, where the statutory framework is different.

The precise section charged matters because age thresholds, mental elements and maximum penalties differ.

Legal issues

Key issues include the defendant’s age, the complainant’s age, whether the touching or activity was sexual within section 78, and—where the statute permits it—whether the defendant reasonably believed the complainant was 16 or over.

Children under 13 cannot consent in law to the relevant sexual offences, and different statutory provisions apply.

Evidence that matters

Evidence may include messages, social-media profiles, photographs, witnesses, venue or travel records, device data and material relevant to what was said or known about age.

Reasonable lines of enquiry

Reasonable enquiries may include complete communications, profile and account records, evidence about age representations, witnesses, location/travel material and testing the chronology of the alleged sexual activity.

What happens next

These cases are treated seriously and can be prosecuted in the Crown Court depending on the precise offence. Investigations often involve digital examination and safeguarding material.

Immediate steps

Preserve messages and account data. Do not contact the complainant contrary to bail conditions. Record what was known, said or represented about age and preserve objective material supporting that account.

What should you send us?

Send the allegation/charge, ages, police/bail papers, next date, complete communications, profile/account evidence, witness details and chronology.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can identify the correct statutory offence, analyse age and reasonable belief, review digital and witness evidence, advise at interview and prepare pre-charge or Crown Court defence.

Primary legal sources

Sexual Offences Act 2003, Part 1 — sections 5–13 including child sexual offences.

CPS Child Sexual Abuse guidance.

CPS RASSO guidance.

NEXT STEP

Discuss a child sexual-activity allegation confidentially

Send the alleged conduct, ages, police status and key communications or age-related evidence for review.

Discuss a child sexual-activity allegation confidentially

FREQUENTLY ASKED QUESTIONS

Questions about this issue

Can a child under 16 legally consent to sexual activity?

The age of consent is 16. The criminal liability analysis nevertheless depends on the exact offence charged, the ages involved and whether the statute makes reasonable belief as to age relevant.

What if I reasonably believed the person was 16 or over?

For some offences involving children aged 13 to 15, reasonable belief that the person was 16 or over is expressly relevant. It is not a defence to the separate offences involving children under 13.

Why do the exact ages matter?

Because the Sexual Offences Act creates different offences and legal tests for children under 13, children aged 13 to 15 and abuse-of-trust situations.