S18. Abuse of a position of trust: Sexual Activity in the Presence of a child
Date Updated: January 2012
Title: Sexual Offences
Offence: Abuse of a position of trust: Sexual Activity in the Presence of a child
Legislation: Sexual Offences Act 2003 - S18
Commencement date: 1/05/2004
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty:
- On Indictment - 5 years imprisonment
- Summary Conviction - 6 months imprisonment and/or statutory maximum fine
Culpability and Harm
The sentences for public protection must be considered in all cases. They are designed to ensure that sexual offenders are not released into the community if they present a significant risk of serious harm.
The guidelines are predicated on the principle that the more serious the nature of the sexual activity a victim is forced to witness, the higher the sentencing starting point should be.
These offences will only be charged where the victim is aged 16 or 17. Therefore, the sentencing starting points in the guidelines are only intended for those cases and are significantly lower than those for a child sex offence involving the same type of sexual activity, which should be applied in all other cases.
These offences will potentially be serious enough to merit a custodial sentence. In an individual case, the court will need to consider whether there are particular mitigating factors that should move the sentence below the custodial threshold.
Aggravating & Mitigating Factors
Aggravating:
- Background of intimidation or coercion
- Use of drugs, alcohol or other substance to facilitate the offence
- Threats to prevent the victim reporting the offence
- Abduction or detention
Relevant Sentencing Council Guideline (if any)
- Guidelines effective for offences sentenced on or after the 14th May 2007.
- The starting points are for an adult offender, of previous good character who was convicted after trial.
Type/nature of activity: Consensual intercourse or other forms of consensual penetration
Starting points: 2 years custody
Sentencing ranges: 1 - 4 years custody
Type/nature of activity: Masturbation (of oneself or another person)
Starting points: 18 months custody
Sentencing ranges: 12 months - 2 years 6 months custody
Type/nature of activity: Consensual sexual touching involving naked genitalia
Starting points: 12 months custody
Sentencing ranges: 26 weeks - 2 years custody
Type/nature of activity: Consensual sexual touching of naked body parts but not involving naked genitalia
Starting points: 26 weeks custody
Sentencing ranges: 4 weeks - 18 months custody
Ancillary Orders
- Notification (S83 to 96 Sexual Offences Act 2003)
- Sexual Offences Prevention Order (S104 Sexual Offences Act 2003)
- Where the defendant is aged 18 or over he or she is automatically barred from engaging in regulated activity with children and with vulnerable adults. (Safeguarding Vulnerable Groups Act 2006).
Consider Also
- Dangerous Offender provisions apply. Sentences for public protection must be considered.
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