Sexual Activity with a Child (Section 9 Sexual Offences Act 2003)

Sexual Activity with a Child is an offence under s.9 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, and either B is under 16 and A does not reasonably believe that B is 16 or over, or B is under 13 (s.9(1)). Maximum sentence: where the touching involved penetration of a kind listed in s.9(2), on conviction on indictment, imprisonment for a term not exceeding 14 years (s.9(2)); 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 (s.9(3)). The companion offence of causing or inciting a child to engage in sexual activity (s.10) is in the same terms, where A intentionally causes or incites B to engage in an activity that is sexual, and carries the same penalties (s.10(1) to (3)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court, except that where the touching involved penetration within s.9(2) 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).