S19. Abuse of a position of trust: Causing a child to watch a Sex Act
Date Updated: January 2012
Title: Sexual Offences
Offence: Abuse of a position of trust: Causing a child to watch a Sex Act
Legislation: Sexual Offences Act 2003 - S19
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 culpability of the offender will be the primary indicator of offence seriousness, and the nature of the sexual activity will provide a guide as to the seriousness of the harm caused to the victim. Other factors will include:
- the age and degree of vulnerability of the victim - as a general indication, the younger the child, the more vulnerable he or she is likely to be, although older children may also suffer serious and long-term psychological damage as a result of sexual abuse;
- the age gap between the child and the offender; and
- the youth and immaturity of the offender.
Serious coercion, threats, corruption or trauma are aggravating factors that should move a sentence well beyond the starting point.
Some relationships caught within the scope of these offences, although unlawful, will be wholly consensual. The length of time over which a relationship has been sustained and the proximity in age between the parties could point to a relationship born out of genuine affection. Each case must be considered carefully on its own facts.
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.
The guideline is 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.
The offence 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
- Images of violent activity
Mitigating:
- Small disparity in age between victim and offender.
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: Live sexual activity
Starting points: 18 months custody
Sentencing ranges: 12 months - 2 years custody
Type/nature of activity: Moving or still images of people engaged in sexual activity involving penetration
Starting points: 32 weeks custody
Sentencing ranges: 26 weeks - 12 months custody
Type/nature of activity: Moving or still images of people engaging in sexual activity other than penetration
Starting points: Community order
Sentencing ranges: Community order
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.
Return to Sentencing Manual index
