Sexual Activity with a Child Family Member / Inciting a Child Family Member to Engage in Sexual Activity (Sections 25-26 Sexual Offences Act 2003)

Sexual Activity with a Child Family Member is an offence under s.25 Sexual Offences Act 2003, and Inciting a Child Family Member to Engage in Sexual Activity is an offence under s.26. A person (A) commits the s.25 offence if he intentionally touches another person (B), the touching is sexual, the relation of A to B is within s.27, A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and either B is under 18 and A does not reasonably believe that B is 18 or over, or B is under 13 (s.25(1)). The s.26 offence is in the same terms where A intentionally incites B to touch, or allow himself to be touched by, A (s.26(1)). The family relationships are set out in s.27: parent, grandparent, brother, sister, half-brother, half-sister, aunt, uncle and foster parent (s.27(2)); step-parent, cousin, stepbrother, stepsister and foster-family relations where A and B live or have lived in the same household or A is or has been regularly involved in caring for, training, supervising or being in sole charge of B (s.27(3)); and a person who lives in the same household as B and is regularly involved in caring for, training, supervising or being in sole charge of B (s.27(4)). Maximum sentence for an offender aged 18 or over at the time of the offence: where the touching involved penetration of a kind listed in s.25(6) or s.26(6), on conviction on indictment, imprisonment for a term not exceeding 14 years; in any other case, on summary conviction, imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both, and on conviction on indictment, imprisonment for a term not exceeding 14 years (ss.25(4), 26(4)). For an offender under 18: on summary conviction, imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; on conviction on indictment, imprisonment for a term not exceeding 5 years (ss.25(5), 26(5)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court, except that where an offender aged 18 or over is charged with touching, or incitement to touching, that involved penetration within s.25(6) or s.26(6) the penalty is given on conviction on indictment only. 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).