Home/Legal Guides/Legal Guide

AGE • COMMUNICATION • SEXUAL PURPOSE • DIGITAL EVIDENCE

Sexual Communication with a Child Defence

Section 15A Sexual Offences Act 2003 criminalises specified sexual communications by an adult with a child under 16 for the purpose of obtaining sexual gratification. Investigations are usually digital and can turn on age, account attribution, the meaning of the communication and the alleged sexual purpose.

KEY ANSWER

The position in brief

Section 15A applies where a person aged 18 or over intentionally communicates with a person under 16 for the purpose of obtaining sexual gratification, and the communication is sexual or is intended to encourage the child to make a sexual communication. The prosecution must also prove that the defendant did not reasonably believe the child was 16 or over.

The offence came into force on 3 April 2017 and is not retrospective.

Legal issues

Key issues can include the defendant’s age, the complainant’s age, reasonable belief as to age, whether the communication was sexual within the statutory definition, and whether the defendant acted for the purpose of obtaining sexual gratification.

Evidence that matters

Evidence usually includes complete chats, account records, device extraction, profile information, platform data, images, deleted-message recovery, login history and the interview account.

Reasonable lines of enquiry

Reasonable enquiries may include obtaining full message threads rather than extracts, testing account ownership and device use, preserving platform records and examining material relevant to what age was represented or believed.

What happens next

The offence is either way and carries a maximum of two years’ imprisonment on indictment. Investigations commonly involve forensic examination of phones and online accounts.

Immediate steps

Do not delete chats, profiles or devices. Preserve complete threads and account data. Record what was known or represented about age at the relevant time.

What should you send us?

Send the allegation, interview/bail documents, complete messages, profile/account details, device information, age-related material and next date.

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 analyse the section 15A elements, test age belief and sexual purpose, review digital attribution and communications, advise at interview and conduct pre-charge or court defence.

Primary legal sources

NEXT STEP

Discuss a sexual-communication investigation

Send the allegation, complete communications and any age or account-attribution material for a confidential review.

Discuss a sexual-communication investigation

FREQUENTLY ASKED QUESTIONS

Questions about this issue

Does section 15A apply to anyone under 18?

No. The defendant must be aged 18 or over for the section 15A offence.

Does the child have to respond sexually?

No. The offence can include a communication intended to encourage the child to make a sexual communication, even if the child does not ultimately do so.

What if I believed the person was 16 or older?

The prosecution must prove that you did not reasonably believe the person was 16 or over. What was represented, known and reasonably believed is therefore important.