Sexual Activity: Abuse of Position of Trust (Section 16 Sexual Offences Act 2003)

Sexual Activity: Abuse of Position of Trust is an offence under s.16 Sexual Offences Act 2003. A person aged 18 or over (A) commits the offence if he intentionally touches another person (B), the touching is sexual, A is in a position of trust in relation to B, where s.16(2) applies A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and either B is under 18 and A does not reasonably believe that B is 18 or over, or B is under 13 (s.16(1)). Where it is proved that B was under 18, A is taken not to have reasonably believed that B was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it (s.16(3)). A is in a position of trust in relation to B in the circumstances set out in s.21, for example where A looks after persons under 18 who are receiving education at an educational institution and B is receiving, and A is not receiving, education at that institution (s.21(5)). A related offence under s.17 is committed where A, in a position of trust, intentionally causes or incites B to engage in an activity that is sexual, with the same penalty (s.17(1) and (5)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding 5 years; on summary conviction, imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both (s.16(5)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. All suspects must be interviewed by officers trained in sexual offence investigation. Disclosure must be handled in accordance with the Attorney General's Guidelines. Consider a Sexual Harm Prevention Order application. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).