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sexual_communication_with_a_child [2020/05/11 11:27] (current)
frescom created
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 +Engaging In Sexual Communication With A Child
 +
 +The Legislation
 +
 +On the 3rd April 2017 Section 67 of The Serious Crime Act 2015 inserted a new section 15A into the Sexual Offences Act 2003 and created an offence of “engaging in sexual communication with a child.”
 +
 +The offence is committed when:
 +
 +(1) A person aged 18 or over (A) commits an offence if—
 +
 +(a) for the purpose of obtaining sexual gratification,​ A intentionally communicates with another person (B),
 +
 +(b) the communication is sexual or is intended to encourage B to make (whether to A or to another) a communication that is sexual, and
 +
 +(c) B is under 16 and A does not reasonably believe that B is 16 or over.
 +
 +(2) For the purposes of this section, a communication is sexual if—
 +
 +(a) any part of it relates to sexual activity, or
 +
 +(b) a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider any part of the communication to be sexual;
 +
 +and in paragraph (a) “sexual activity” means an activity that a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider to be sexual.
 +The Offence In Detail
 +
 +The new offence criminalises conduct where an adult intentionally communicates,​ for example, by e-mail, text message, written note or orally, with a child under 16, whom the adult does not reasonably believe to be aged 16 or over, for the purpose of obtaining sexual gratification,​ if the communication is sexual or intended to encourage the child to make a communication that is sexual.
 +
 +The new offence is designed to ensure that it does not criminalise,​ for example, ordinary social or educational interactions between children and adults or communications between young people themselves.
 +
 +It is clear from case law that the prosecution would succeed where, either a defendant made a relevant communication in order to obtain immediate sexual gratification or, the obtaining of such gratification was part of a longer term plan, or both.
 +
 +Case law states that “sexual gratification” has a wide meaning and may take many forms.
 +
 +What Defences Are Available?
 +
 +A defence may be available to an accused who can show that it was reasonably believed that the person with whom he/she was communicating was over 16.
 +The Court Procedure
 +
 +The new offence is an ‘either-way offence’ meaning it can be dealt with either in the Magistrates’ or the Crown Court.
 +
 +The offence carries a maximum sentence of 2 years imprisonment in the Crown Court and will mean an automatic placement on the Sex Offenders Register.
sexual_communication_with_a_child.txt · Last modified: 2020/05/11 11:27 by frescom