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Sexual Activity with a Child
There are a number of different offences under the Act relating to children including sexual activity with a child, causing or inciting a child to engage in sexual activity, engaging in sexual activity in the presence of a child, causing a child to watch a sexual act, child sex offences committed by children or young persons, arranging or facilitating commission of a child sex offence and meeting a child following sexual grooming.
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Proof of Case
To prove there is a case of causing or inciting sexual activity with a child, the police or further down the line, the prosecution must show:
- That the activity was sexual
- That they intentionally caused or incited another person to participate in the sexual activity
- That the person is below the age of 16 and the offender did not reasonably believe they were over 16, or they are under the age of 13.
Consent is relevant. There is a defence of reasonable belief that the child is 16 years or over. The defence of reasonable belief does not apply if the child us under 13 years.
Types of behaviour considered as causing or inciting sexual activity.
Factors that will be considered during the case include abuse of trust (a teacher, for example), any planning of the sexual activity, grooming, or lying about your age to the child. The most common types of sexual offences are;
- Touching breasts or genitalia: this includes any form of touching that is or could be construed as sexual.
- Sexual activity by penetration: penetration of the child’s anus or vagina
- Any other sexual activity: encompasses training not covered above
Defences for causing or inciting sexual activity?
Available defences depend largely on the type of offence in question and the circumstances. For offences involving sexual activity without consent, a defence could include the argument that the alleged victim did consent or there was a ‘reasonable belief’ they had consented.
If the child is under the age of 16, defence arguments could surround a reasonable belief the alleged victim was over 16. For offences relating to children under the age of 13, believing that the alleged victim was over the age of 13 is not a defence.
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If you are arrested and taken to a police station, this can be a very frightening and overwhelming experience, if you are unaware of the procedures and protocols.
The decisions you make at the police station can be crucial and detrimental to your future. It is imperative that you request for Tyler Hoffman Solicitors at the first available opportunity so we can further protect your position from the point of initiation.