Familial Child Sex Offences

Section 27 of the Sexual Offences Act 2003 provides definition as to what is a family relationship.

(1) The relation of one person (A) to another (B) is within this section if—

1. it is within any of subsections (2) to (4), or
2. it would be within one of those subsections but for section 67 of the Adoption and Children Act 2002 (c. 38) (status conferred by adoption).

(2) The relation of A to B is within this subsection if—

1. one of them is the other’s parent, grandparent, brother, sister, half-brother, half-sister, aunt or uncle, or
2. A is or has been B’s foster parent.

(3) The relation of A to B is within this subsection if A and B live or have lived in the same household, or A is or has been regularly involved in caring for, training, supervising or being in sole charge of B, and—

1. one of them is or has been the other’s step-parent,
2. A and B are cousins,
3. one of them is or has been the other’s stepbrother or stepsister, or
4. the parent or present or former foster parent of one of them is or has been the other’s foster parent.

(4) The relation of A to B is within this subsection if—

1. A and B live in the same household, and
2. A is regularly involved in caring for, training, supervising or being in sole charge of B.

Section 25 of the Sexual Offences Act 2003 covers the offence of sexual activity with a child family member as follows.

A person (A) commits an offence if:

(a) he intentionally touches another person (B)

(b) the touching is sexual

(c) the relation of A to B is within section 27

(d) A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and

(e) either—

(i) B is under 18 and A does not reasonably believe that B is 18 or over, or

(ii) B is under 13

(6) This subsection applies where the touching involved—

(a)penetration of B’s anus or vagina with a part of A’s body or anything else,

(b)penetration of B’s mouth with A’s penis,

(c)penetration of A’s anus or vagina with a part of B’s body, or

(d)penetration of A’s mouth with B’s penis.

Section 26 of the Sexual Offences Act 2003 covers the offence of inciting a child family member to engage in sexual activity as follows.

A person (A) commits an offence if:

(a) he intentionally incites another person (B) to touch, or allow himself to be touched by, A

(b) the touching is sexual,

(c) the relation of A to B is within section 27,

(d) A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and

(e) either—

(i) B is under 18 and A does not reasonably believe that B is 18 or over, or

(ii) B is under 13

(6) This subsection applies where the touching to which the incitement related involved—

(a) penetration of B’s anus or vagina with a part of A’s body or anything else,

(b) penetration of B’s mouth with A’s penis,

(c) penetration of A’s anus or vagina with a part of B’s body, or

(d) penetration of A’s mouth with B’s penis.

• If the offence involves penetration, the charge is indictable only and will be heard in the Crown Court
• If there is no penetration, the charge can be heard either in the Magistrates’ Court or Crown Court

The maximum sentence is fourteen years imprisonment.

When determining the seriousness of the offence the following maybe relevant:

• The nature of the sexual activity
• The age and degree of vulnerability of the victim
• The age gap between the victim and the offender and
• The nature and extent of the breach of trust arising from the family relationship

It is imperative that you instruct an experienced solicitor as soon as you are made aware of an allegation being made.

Crucially it is always important to have a solicitor present in interview at the police station whether it is an interview by appointment or under arrest.