Child sexual offences: under 13, under 16, grooming and positions of trust
Under the Sexual Offences Act 2003 any sexual activity by an adult with a child under 16 is an offence whatever the child says (s.9, maximum 14 years), and rape or assault by penetration of a child under 13 (ss.5-6) carries life, with no defence based on belief about age. Grooming offences include meeting a child after grooming (s.15, 10 years) and sexual communication with a child (s.15A, 2 years), and an attempt can be charged where the 'child' was a decoy.
Children under 13 (ss.5-8)
Rape (s.5) and assault by penetration (s.6) of a child under 13 carry life. Causing or inciting sexual activity (s.8) carries life if penetrative, otherwise 14 years; sexual assault (s.7) 14 years. Age is strict: belief about age and apparent consent are irrelevant.
Children under 16 (ss.9-13)
- Sexual activity with a child (s.9) and causing or inciting it (s.10): 14 years. Sexual activity in a child's presence (s.11) and causing a child to watch a sexual act (s.12): 10 years.
- Consent is irrelevant. The only age answer is a reasonable belief the child was 16 or over, available only if the child was 13 or over.
- An offender under 18 commits these acts under s.13 (5 years). CPS guidance says genuinely consensual activity between children close in age is unlikely to be prosecuted without coercion, grooming or exploitation.
Grooming and decoys
- Arranging or facilitating a child sex offence (s.14): the maximum for the offence intended.
- Meeting a child following sexual grooming (s.15): an adult who has met or communicated with a child under 16 then meets, travels to meet or arranges to meet them, intending a sexual offence: 10 years.
- Sexual communication with a child (s.15A, from 3 April 2017): 2 years.
- If the "child" is a decoy adult, an attempt can be charged. In R v Jones [2007] EWCA Crim 1118 a man who thought he was messaging a 12-year-old was rightly convicted of attempting the s.8 offence; entrapment and impossibility arguments failed.
Position of trust and family
- Abuse of position of trust (ss.16-19): an adult's sexual activity with someone under 18 in their care, such as a pupil (s.21), or, since 28 June 2022, someone they regularly coach in a sport or religion (s.22A): 5 years.
- Familial offences (ss.25-26), including step-relatives and foster carers: 14 years for an adult, 5 for an offender under 18.
Trial and sentencing
Sections 5-6 and penetrative ss.8-10 (and ss.25-26 for adults) are Crown Court only; most others are either way, with a magistrates' limit of 12 months for offences committed on or after 2 May 2022 (CJA 2003 s.282), otherwise 6 months. Under the guideline, penetrative ss.9-10 offences with grooming, planning or abuse of trust start at 5 years (range 4 to 10). For adults convicted from 29 June 2026, grooming is a statutory aggravating factor (Sentencing Code s.70A).
Notification and barring
Under Sch 3, notification is automatic for ss.5-6, 8-12, 15 and 15A, and for adults under s.7, 14 or 25-26. Under-18s convicted under s.7, 13, 14 or 25-26 are notified only if given at least 12 months' custody. Sections 16-19 need custody, a hospital order or a 12-month community sentence. Attempts count. Many also lead to barring from work with children. For sexual harm prevention orders see Rape, assault by penetration and sexual assault.
Not yet in force
Crime and Policing Act 2026 s.81 (new ss.8A-8C, penetrative offences against under-16s, life) and s.82 (removing the gratification and awareness elements of ss.11 and 18).
Read the full guide on theodorous.uk
Authorities: Sexual Offences Act 2003 ss.5-15A, 16-24 (s.22A inserted by Police, Crime, Sentencing and Courts Act 2022 s.47, in force 28 June 2022), 25-27, Sch 3 paras 19-26, 94; Serious Crime Act 2015 s.67 (s.15A, in force 3 April 2017); Criminal Justice Act 2003 ss.281(7), 282 (in force 2 May 2022); Sentencing Code s.224(1A); Criminal Attempts Act 1981 s.1; R v Jones [2007] EWCA Crim 1118; Sentencing Code s.70A (inserted by Crime and Policing Act 2026 s.83, in force 29 June 2026); Crime and Policing Act 2026 ss.81-82 (not yet in force); Sentencing Council, Sexual activity with a child / Causing or inciting a child to engage in sexual activity guideline (updated 5 October 2026); CPS Rape and Sexual Offences Prosecution Guidance (Chapters 8 and 9); Safeguarding Vulnerable Groups Act 2006