Allegations involving children are among the most serious and sensitive a person can face. They range from online messages to historical allegations made decades later, and from teenagers close in age to cases arising from online decoys. Everyone accused is entitled to a robust defence, and the decisions you make at the start, especially at interview, can shape the whole case.
If the police have contacted you
- Do not attend a police interview, voluntary or after arrest, without a solicitor.
- Free legal advice at the police station is your right, whatever your income.
- Do not contact the person who made the allegation.
- Do not delete messages, photos, apps or social media accounts.
- Do not discuss the allegation with anyone other than your solicitor.
What are the main offences?
The Sexual Offences Act 2003 contains a range of offences designed to protect children. The most commonly charged include:
- Offences against children under 13 (sections 5 to 8), including rape and sexual assault of a child under 13. Consent is irrelevant, and belief about age is no defence.
- Sexual activity with a child under 16 (section 9), and causing or inciting a child to engage in sexual activity (section 10). The maximum for each is 14 years.
- Engaging in sexual activity in the presence of a child (section 11), and causing a child to watch a sexual act (section 12).
- Arranging or facilitating a child sex offence (section 14).
- Meeting a child following sexual grooming (section 15): communicating with a child and then meeting, travelling to meet or arranging to meet them, intending to commit a sexual offence. The maximum is 10 years.
- Sexual communication with a child (section 15A): sending a sexual communication to a child under 16, or encouraging them to make one, for sexual gratification. The maximum is two years.
- Abuse of a position of trust (sections 16 to 19): sexual activity with a 16- or 17-year-old by a teacher, carer or someone else in a position of trust. Since 2022 this also covers sports coaches and religious leaders.
Allegations often overlap with indecent images offences, because devices are seized and examined as part of the investigation.
Online stings and decoy cases
A large number of grooming and sexual communication cases now come from online decoys: police officers posing as children, or private groups who film confrontations and pass the evidence to the police. Where no real child was involved, the charge is usually an attempt.
Issues that can matter in these cases include:
- who started the conversation and how it developed,
- whether the age given was clear and whether you believed it,
- whether the full conversation has been preserved, or only selected parts,
- how the evidence was gathered, and whether any confrontation was filmed or published, and
- what you said in a confrontation or at interview, often without legal advice.
If you have been confronted by a group, do not engage with them further and speak to a solicitor before any contact with the police. Our guide to being confronted by a paedophile hunter group explains your rights and what happens next.
Reasonable belief about age
For most offences under sections 9 to 15A involving a child aged 13, 14 or 15, the prosecution must prove you did not reasonably believe the child was 16 or over. Evidence such as an online profile, what the child said about their age, and the setting in which you met can be central. If the child was under 13, belief about age is not a defence to the offence itself, although it may be relevant to sentence.
The investigation
Investigations often start with a report to the police, a disclosure to a teacher or social worker, or a referral from an online platform. Your devices are likely to be seized, and the child may give a video-recorded interview that is later played at trial. Before your own interview, a solicitor will obtain disclosure and advise you on how to respond. Read our guides to police interviews and being released under investigation.
Bail conditions in these cases commonly restrict unsupervised contact with children, which can affect your family. A solicitor can challenge conditions that are unnecessary or disproportionate.
Building a defence
Depending on the allegation, the defence may involve:
- a full analysis of digital material, including deleted messages and metadata,
- testing whether the account has changed over time, and why,
- obtaining third-party records, such as school, medical or social services records, where relevant,
- evidence about age, identity and whether you were the person using an account, and
- in historical cases, the effect of the delay on the evidence.
Sentencing
Sentences depend heavily on the offence and the facts. Under the Sentencing Council guidelines:
- Sexual activity with a child: an offence range of a community order to 10 years' custody.
- Meeting a child following sexual grooming: an offence range of one to seven years' custody.
- Sexual communication with a child: an offence range of a community order to two years' custody, with a starting point of 18 months for the most serious cases.
Convictions for these offences usually bring notification requirements, and the court will often make a Sexual Harm Prevention Order. See our pages on the sex offenders register and Sexual Harm Prevention Orders.
Frequently asked questions
What if the "child" I was talking to was actually an adult?
This is common in cases arising from online decoys, whether run by the police or by so-called "paedophile hunter" groups. You can still be charged with an attempt to commit the offence, because the law looks at what you believed and intended. The evidence in these cases, including how the conversation started and how it was recorded, needs careful scrutiny.
Is it a defence that I thought they were 16 or over?
For most offences involving a child aged 13 to 15, the prosecution must prove that you did not reasonably believe they were 16 or over. Whether a belief was reasonable depends on all the evidence, such as what they said, their profile and how they appeared. There is no such defence where the child is under 13.
Can I be prosecuted if I was also under 18?
Yes, but the law treats it differently. Under section 13 of the Sexual Offences Act 2003, offences by under-18s carry a lower maximum sentence, and cases are usually dealt with in the youth court. Prosecutors also consider whether a prosecution is in the public interest, particularly where the young people were close in age and the activity was mutual.
Will social services be involved?
Often, yes. If you live with or have contact with children, the police are likely to share information with children’s services, who may carry out an assessment. Bail conditions may also restrict contact with children, including your own. A solicitor can advise on how to deal with both processes.
Is there a time limit for these allegations?
No. Allegations involving children are often made many years later, sometimes when the complainant is an adult. Historical allegations are charged under the law in force at the time. See our guide to historical sexual offence allegations.
How we help
We are a referral service, not a law firm, and we do not give legal advice ourselves. When you contact us, we pass your details in confidence to an independent solicitor who specialises in sexual offence defence, so they can contact you directly. We cover the whole of England and Wales, including London, Manchester, Birmingham, Leeds and every other area we cover.
This page is general information about the law in England and Wales, not legal advice. Last updated 11 November 2026.