The offence of sexual communication with a child was introduced in 2017 under section 15A of the Sexual Offences Act 2003. It makes it a crime for an adult to intentionally communicate with someone under 16 for a sexual purpose. The communication can be by message, call, social media, video, or any online or digital means. It doesnโt matter if no physical contact ever took place โ simply sending or requesting sexual messages or images can lead to an investigation or prosecution.
To prove the offence, the prosecution must show that the communication was sexual in nature or intended to encourage the child to make sexual communication in return, and that the adult knew or believed the person was under 16. In many cases, the โchildโ is actually an undercover police officer or a so-called โpaedophile hunterโ posing as a child online, which can make the evidence complex and the law difficult to interpret.
Why these cases are so serious
Allegations of sexual communication with a child are treated with the same gravity as contact offences. Conviction can lead to a prison sentence, registration on the Sex Offenders Register, and long-term restrictions on work, travel, and relationships. Even before a charge is made, the stigma alone can be devastating. Because of the sensitive and technical nature of these cases โ especially where digital evidence and undercover operations are involved โ itโs vital to have experienced legal representation from the start.
Why you need a solicitor
A good Criminal Defence Solicitor will understand how these investigations are conducted and will protect your rights at every stage. They will:
- Find out exactly what messages or communications are being relied upon and how the evidence was obtained.
- Attend your police interview under caution, ensuring you receive proper legal advice and that questioning remains within lawful limits.
- Examine the digital evidence and disclosure schedules to see whether the material has been accurately recorded and presented in context.
- Assess whether the alleged victim was real or part of an undercover operation, and whether police procedures under PACE and the Regulation of Investigatory Powers Act (RIPA) were correctly followed.
- Work with digital forensic experts to confirm whether the accounts or messages can be reliably attributed to you.
- Instruct experienced Criminal Defence Barristers or Kingโs Counsel to prepare your defence and represent you in court if required.
- If convicted, prepare detailed mitigation and advise you on possible grounds for appeal.
These cases often involve chat logs, phone extractions, and online profiles that can easily be misinterpreted or taken out of context. A strong legal team will make sure the whole picture is seen, not just selected messages chosen by the prosecution.
If you have any questions about sexual communication allegations, digital evidence, or police interviews โ or if you need help identifying a solicitor who understands these types of cases โ please contact us using the links below.
