Have you been accused of speaking online with a minor? Our lawyers are here to defend you.
Allegations of sexual communication with a child are among the most serious accusations an individual can face. Such an offence is criminal under UK law and can have devastating legal, personal, and reputational consequences. Even without a conviction, the impact on your career, family life, and mental health can be severe.
At Eventum Legal, we provide expert legal representation to clients accused of this and other sexual offences. We defend cases nationwide and offer immediate, confidential advice to protect your rights from the time the police contact you.
If you are under investigation or have been charged, seek legal advice immediately. Acting early gives you the best chance of developing a robust defence strategy and protecting your future.
The offence of sexual communication with a child is set out under Section 15A of the Sexual Offences Act 2003, introduced by the Serious Crime Act 2015. It applies when a person aged 18 or over intentionally communicates with a person under 16 and the communication is sexual or intended to encourage the child to make a sexual communication.
To convict, the prosecution must prove that the purpose of the communication was to obtain sexual gratification and that the accused did not have a reasonable belief that the person was aged 16 or over. The “reasonable person” test determines whether such a belief is credible.
This criminal offence covers online and offline communication, including text messages, social media, and other digital platforms.
The maximum sentence is two years’ imprisonment, with automatic notification requirements of the Sex Offenders Register and the possibility of a Sexual Harm Prevention Order. These sanctions can affect your freedom, employment, and ability to maintain family relationships.
An investigation typically begins with a police interview, either under arrest or voluntarily. Mobile phones, computers, or tablets may be seized for examination. In many cases involving sexual communication, the “child” may be an undercover police officer or a decoy from a vigilante group.
The Crown Prosecution Service will review the evidence to decide whether to bring charges. If they proceed, the offence is triable either in the magistrates’ court or the Crown Court, depending on its seriousness and the likely appropriate sentence.
Having an experienced lawyer from the outset ensures that your rights are protected, the evidence is examined in detail, and any mitigating factors are presented clearly when your case proceeds to sentence.
When sentencing for child sex offence cases involving sexual communication, the court follows Sentencing Council guidelines, assessing the level of harm and culpability.
Offences involving significant psychological harm to a child victim, the exchange of sexual images, or evidence of planning will often lead to an immediate custodial sentence.
Less severe cases or those with strong mitigating circumstances may result in a suspended sentence or community order. Mitigation can include no previous convictions, demonstrating remorse, or personal circumstances such as a learning disability or mental health issues that affect culpability.
Aggravating factors include relevant previous convictions, targeting a particularly vulnerable child, or offending while on bail.
| Image Category | Culpability A | Culpability B |
|---|---|---|
| Category 1 – Sexual images have been sent or received, and/or significant psychological harm or distress is caused, or very likely to have been caused |
Starting Point: 18 months custody Category Range: 9 months – 2 years' custody |
Starting Point: 1 year custody Category Range: High level community order – 18 months custody |
| Category 2 – Factor(s) in Category 1 are not present |
Starting Point: 1 year custody Category Range: High level community order – 18 months custody |
Starting Point: 6 months custody Category Range: Medium level community order – 1 year custody |
Where these factors are not present in the case, then the offending will fall into culpability B.
When the court have placed the offence into the correct bracket, mitigating and aggravating features will be considered which may adjust the starting point.
In many modern prosecutions, the “intended victim” is not a real child but an adult acting in a covert capacity. While the law allows prosecutions in such cases, the defence may argue that the accused was unfairly encouraged or that such an offence would not have occurred without the intervention of the decoy.
We scrutinise whether the communication was initiated by the accused, whether there was encouragement from the decoy, and whether the conversation crossed into inciting sexual activity. If the evidence gathering involved entrapment or breached legal safeguards, we will challenge its admissibility in court.
Investigations into child sexual communication often uncover other alleged sexual offences, such as possessing or distributing sexual images, arranging to meet a child, or engaging in sexual activity with a child. These offences carry heavier penalties, including longer prison terms and stricter post-sentence restrictions.
If you are charged with multiple offences, we develop a coordinated defence strategy that addresses all allegations and reduces the risk of receiving the maximum sentence.
The consequences of a child sex offence go far beyond the courtroom. Allegations alone can damage reputations, careers, and relationships. Employers, especially in education, healthcare, and other safeguarding roles, may suspend or dismiss staff before a charge is proven.
Social services may intervene where the accused lives with children, leading to assessments and possible restrictions on parental contact.
Clients often suffer from emotional distress, anxiety, and isolation. Being labelled as a sex offender can carry a heavy stigma, particularly in cases involving child offences. Our role as sexual offence lawyers is not only to defend the case but to support the individual through what is likely one of the most difficult times of their life.
In many cases involving sexual communication with a child, the investigation may uncover other offences. These might include the possession or distribution of sexual images, arranging to meet a child following communication, or inciting a child to engage in sexual activity.
A relatively new offence also criminalises the sending of sexual images, including intimate photos intended to cause alarm, distress, or humiliation.
Where these additional charges arise, the legal consequences can be far more serious. The risk of receiving an immediate custodial sentence increase, and the case’s complexity demands a coordinated defence strategy that considers all overlapping allegations.
We are specialist sexual offences lawyers with experience in defending sexual offence cases involving communication with a child. We understand the complexity and sensitivity of these cases, especially where false allegations, mistaken identity, or misinterpretation of intent are involved.
Our defence work covers cases involving alleged communication with real children, covert police operations, and vigilante stings. We will challenge the prosecution’s case, identify weaknesses in their evidence, and ensure that every relevant mitigating factor is brought before the court.
If you are facing allegations of sexual communication with a child, seek legal advice immediately. The earlier we can build your defence, the stronger your position will be.We work on a fixed fee basis so you know exactly where you stand when it comes to funding your defence, you can find information regarding our services and fees by clicking here.
Contact Eventum Legal for expert legal advice from a dedicated, experienced lawyer who will protect your rights, reputation, and future. Call or complete our secure enquiry form for a free, confidential consultation.
