What Is Grooming?
Grooming offences
can attract substantial press coverage, as we have seen in cases such as the Rotherham grooming gang which continues to cause debate throughout the country. However, not everyone who is accused of grooming is guilty, and therefore it is important to understand what grooming is, the law, and how it is vital to robustly defend your position when you are falsely accused of a grooming offence.
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What Is Grooming?
Grooming is essentially building a relationship with a child, young person, or a vulnerable adult, with the intention to sexually abuse them, exploit them sexually, or traffic them. The way in which the relationship is built can vary but commonly it includes communicating with them over the phone or online, giving money or gifts and offering to take them to places to create a sense of friendship and trust. During these methods of
communication there does not have to be any sexual abuse, grooming can be established if it can be proved that the end goal of the accused was to abuse their victim.
What Actions Could Lead to a Grooming Allegation?
It is of course not an offence to talk to people online, but the law does give specific protections to shield children and vulnerable adults from sexual abuse online, and grooming. Examples of behaviour which could amount to an allegation of grooming include:
- Communicating with someone under the age of 16 years old, or an at risk adult, with the intent to sexually exploit them-through social media, text messages, phone call or any other method.
- Exposing a child or vulnerable adult to sexually explicit material or discussions.
- Sending the child or vulnerable adult sexual photos or videos and requesting for them to send the same to you.
- Trying to gain trust by pretending to be somebody else, with the intention of sexual exploitation.
- Buying gifts, giving money, or providing the complainant with special treatment with the intention to abuse or exploit them.
In addition to the above actions, it must be provable that the accused's intention by taking the above steps was to abuse the complainant.
It is important to note that there are specific criminal offences that can be connected to grooming they include:
- Sexual communication with a child
(Section 15A of the Sexual Offences Act 2003)
- Causing a child to watch a sexual act (Section 12 of the Sexual Offences Act 2003)
- Causing or inciting a child to engage in sexual activity
(Section 10 of the Sexual Offences Act 2003)
- Causing or inciting a child under 13 to engage in sexual activity (section 8 of the Sexual Offences Act 2003)
Grooming is often an aggravating feature in these offences.
Section 14 of the Sexual Offences Act 2003
specifies that it is an offence to arrange a meeting, or to facilitate a meeting, with a child under the age of 16 years with the intent of sexually abusing that child, or with the intent of another person sexually abusing them.
Section 15 of the Sexual Offences Act 2003
deals specifically with the offence of meeting a child following sexual grooming. This offence carries a maximum of ten years imprisonment. It is important to note, that if the accused has gone to meet the child following a period of speaking with them, yet no sexual offence occurs, the courts will consider the intentions of the accused rather than the actual events. This is of particular relevance in cases which involve hunter groups, and police decoys.
What Will Happen if I am Arrested for a Grooming Offence?
Being arrested for a grooming offence can be very distressing, an investigation of the offence like many other criminal offences involves several steps.
Evidence gathering
Following the police becoming alert to the potential that someone has committed a grooming offence the investigation will begin with the police putting together a plan to gather evidence and follow up reasonable lines of enquiry. This is likely to include:
1. Taking a full video recording account from the complainant, where they are cooperating with the complaint. This is referred to as an ABE interview.
2. Interview with the accused under caution.
The police will require an account from the accused in respect of the allegations. It is important that you are represented at any such interview to ensure your position is protected and that you do not self incriminate. Your lawyers will be entitled to pre-interview disclosure, that enables them to inform you on the evidence and the case prior to you going into be questioned. The police can interview a suspect at any stage of an investigation.
3. Forensic Examinations. The police may request access to your electronic devices such as a mobile phone, computer or tablet. If the police seize these devices they will send them to be forensically examined within a digital forensic unit. The purpose of this will be to extract any evidence of interaction with the complainant where it exists such as; text messages, phone call logs, social media interaction, photos/videos. If the complainant is a child, the police may extend their search to establish whether the accused has a sexual interest in children by looking at their internet history and downloaded files which may indicate searches for indecent images of children.
Medical examinations can also form part of the investigation if physical sexual activity is alleged to have taken place, the child may be examined for any supporting evidence of this.
4. Third party material. This includes speaking to any witnesses who may be able to assist with the case, obtaining medical records, social services records and school records where applicable.
Whilst the investigation is ongoing the suspect will either be released on bail
or, where the case is particularly serious the CPS may make an immediate charging decision based on the information they have available following the suspects period of time in custody. If so, this would mean that the suspect is taken to the Magistrates Court
and where bail is refused, could be held on remand until the conclusion of the case.
Evidence Review/Early Investigative Advice
The police may involve the CPS early on in an investigation for their advice and guidance as to what lines of enquiries they will require in order to be able to apply the charging standard appropriately. Therefore, it is not unusual in cases for the police to send their file to the CPS for early investigative advice whilst the suspect is on bail.
The case is also likely to be reviewed by various levels of policing staff before it is submitted to the CPS for a final charging decision.
If the CPS require further information the police will endeavour to make those inquiries.
CPS Review
When the file is sent to the CPS for review they will apply the two stage test of the Full Code Test
assessing whether firstly there is sufficient evidence to provide a realistic prospect of conviction, and secondly is it is in the public interest to prosecute the suspect.
Pre-Charge Representation for Grooming Offences
Our team place great emphasis on defence pre-charge engagement, and so does guidance given to the police and CPS by the Attorney General. The benefit of pre-charge engagement for the accused is it allows your defence lawyers to liaise with the police and the Crown Prosecution before charging decisions are made with aim being to stop you being charged with an offence. This often includes us putting forward your defence, and raising identifiable evidential weaknesses which we would use to persuade the CPS that the evidential or public interest threshold is not met. We can also raise lines of enquiry for the police to follow up on your behalf, and we can also gather crucial defence evidence which may support your case and present that to assist us is showing the CPS that you should not be charged with an offence.
The exact steps that are taken during the pre-charge representation in grooming offences
is dependent on the specifics of the case. Our specialist team
put together tailored action plans for each client and pro-actively advance their position whilst protecting their legal rights and interests.
What Will Happen if I am Charged with a Grooming Offence?
If you are charged with an offence which involves grooming allegations then you will be required to attend court. Before attending court for the first appearance your legal team will be entitled to a summary of the evidence which we will review with you, explain and advise. It would then be for us as a team to support and guide you through the court process whilst at all stages robustly defending you case, scrutinising prosecution evidence and building your defence.
What To Do If You Are Accused of a Sexual Grooming Offence
Seek legal advice immediately
if you are contacted by the police in respect of an allegation concerning grooming made against you, even where you are confident in your innocence you must protect you legal position. Being in a custody environment is a very vulnerable position to be in, it would be our role as your defence lawyers to make sure that the police carry out all procedures correctly and fairly.
If you, a friend or family member has been accused of grooming a child or vulnerable adult then contact our team
for a free and strictly confidential discussion. We are here to legally advise you but most of all to get you through the incredible difficulties being accused of a criminal offence can bring.
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Understanding the difference between “consent” and “reasonable belief” can be key if you are being investigated or prosecuted for a sexual offence, where these two issues can arise. These are not just technical legal terms; they are real-world concepts that can affect the outcome of serious sexual abuse cases. At Eventum Legal, our aim is to help people grasp these important ideas so that they know where they stand, whether they’re seeking justice, facing an accusation, or just wanting to be informed. Consent and the Law: What Does It Mean? When it comes to sexual activity, the law makes it very clear that “consent” isn’t just about saying yes or no. Consent means agreeing by choice, having the freedom and capacity to make that choice, and being able to change your mind at any time, even if the sexual activity has begun. The Sexual Offences Act 2003 states that a person consents if they agree by choice and have the freedom and capacity to do so. In practical terms, this means no one should be pressured, forced, or tricked into sex. If someone is too drunk, too scared, or otherwise unable to decide, they cannot legally give consent. This applies also to issues with mental capacity where someone may not have the understanding or ability to give informed consent. When establishing whether consent or reasonable belief applies, the courts examine everything that happened, how the people involved acted, what was said, their relationship, and whether any threats were made. It’s not about just hearing a yes or no, but about whether the agreement was truly given, freely and knowingly, at the time. Reasonable Belief: The Other Side of the Coin While “consent” focuses on the person on the receiving end of sexual activity, “reasonable belief” is about the perspective of the person accused of the crime. UK law says it’s not enough for someone to claim they thought the other person was consenting. The belief that consent existed must be reasonable; it must meet the standard of what a reasonable person would think in those circumstances. This comes down to two questions: did the accused genuinely believe the other person was consenting, and would a reasonable person, knowing what the accused knew and considering everything that happened, have reached the same conclusion? It’s not a defence to say, “I just thought it was okay,” if evidence, actions, or common sense didn’t back that belief up. Courts look at whether the accused checked for consent, paid attention to what was happening, and took steps to make sure everything was agreed upon. How the Law Applies These Concepts The distinction between consent and reasonable belief matters because everyone is responsible for ensuring that consent is present, not just assuming or hoping it is. The prosecution in a sexual offence case has to prove that there was no consent or that the accused did not have a reasonable belief that consent existed. To judge this, courts examine the context: Were both people sober and able to make decisions? Was there clear, positive agreement? Did one person ignore signs of hesitation or discomfort? In cases where someone is very intoxicated or unable to communicate, the law presumes that there is no consent, and it is challenging for anyone to claim a reasonable belief otherwise. However, where alcohol is in question the issue can become complex as we all have difference alcohol tolerances, what may be too drunk to one person, could be different to the other. Therefore, working to establish the intoxication and affect is crucial for lawyers in some cases. In cases where it can be proven that that someone was too drunk to speak or move, and the accused says they thought there was consent just because the person didn’t say “no,” the court is unlikely to accept that as reasonable. The law expects people to check in with their partner, look for positive signs, and stop if there’s any doubt. Clearing Up Common Myths Many misunderstandings exist about how consent and reasonable belief work in real life. One myth is that if someone doesn’t say “no,” they must have agreed. The absence of a “no” is not the same as a “yes.” Another myth is that if two people are in a relationship or have had sex before, consent is always assumed. Every sexual act requires consent, every time. Some people also believe that as long as they honestly thought there was consent, that’s enough. But the law sets a higher bar: the belief has to be reasonable, meaning it must be backed up by what happened and what a reasonable person would think. In our digital age, misunderstandings can easily happen through text or online communication. Courts are aware of this and look at all available evidence, including messages and social media, to determine what happened. Other avenues of evidence exploration can include CCTV footage and witnesses. Why These Legal Standards Matter The way UK law approaches consent and reasonable belief has changed over time. In the past, people could argue they had an “honest” belief in consent, even if it wasn’t reasonable. That changed with the Sexual Offences Act 2003, which now requires honesty and reasonableness. This protects people from harm and ensures that the law takes the experiences and choices of everyone involved seriously. These rules are designed to keep people safe and ensure everyone’s rights are respected. The law encourages open communication, respect, and responsibility. It expects everyone to look for clear signs of agreement and to stop if there is any doubt or hesitation. What To Do If You’re Involved In A Sexual Offence Case Suppose you’re facing a situation involving consent or reasonable belief and you as the accused want to prove that either of these legal requirements existed, then you must seek legal advice and engage with specialist lawyers who can navigate the complexities of the key legal issues in sexual offence cases. These cases can be stressful and complex, and every detail matters: what was said, what was done, and what steps were taken to ensure everyone agreed. At Eventum Legal, we specialise in helping people understand their rights and responsibilities. We listen, explain your options in straightforward language, and support you throughout the process, always with respect and confidentiality. Whether you’re seeking justice, defending your reputation, or simply want to know your rights, we’re here to help. Frequently Asked Questions What is the difference between consent and reasonable belief? Consent is when a person freely agrees to a sexual act. Reasonable belief is whether the accused genuinely and reasonably believed that consent was given, based on all the facts. Can someone be convicted if they misunderstood consent? Yes, if their belief in consent wasn’t reasonable. The court looks at the whole situation, not just what the accused thought. How can I protect myself or prove consent? Open communication and ensuring everyone is comfortable and willing are the safest approaches. If you’re worried about misunderstandings, keep records of conversations. Where can I get help or advice? Contact Eventum Legal for confidential, expert support tailored to your needs.
Have you been accused of breaching your SHPO, maybe by accident or knowingly? Speak to our specialist team.
