Sexual Communications with a Child Defence Solicitor

Accused of Sexual Communications with a Child? You need expert help now.

Time is critical when you are, or believe you may soon be, under investigation for sexual communication with a child. This is Holborn Adams’ specialist area - we have a proven track record in this complex field and extensive experience defending clients facing multiple or related sexual offence allegations.

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Being charged with sexual communications with a child can have a serious impact on your personal life, reputation, and career - even if you are ultimately found not guilty. The situation is even more serious if you work in a position of trust, such as a teacher, doctor or financial sector. In many cases, careers are put at risk as soon as the case reaches the charging stage.

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This is why it’s crucial to get specialist legal help as early as possible. Early intervention gives you the best chance of having the case dropped before it progresses too far.

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We are a 100% private defence firm, working on a fixed-fee basis with no legal aid. This allows us to devote more time, care and resources to every client. We provide personalised support throughout the process, keeping you fully informed and helping you access mental health services if needed.

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What should I do right now?

If you’re facing allegations of sexual communication with a child, it’s vital to have a clear plan:

1. Instruct a solicitor immediately – you need a criminal defence expert on sexual offences, especially online offending, as soon as possible.
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2. Prepare a pre-charge plan – work with your private-only solicitor to build a defence before police contact (crisis management) or before charges (pre-charge engagement). Early action makes a real difference.
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3. Get expert support for interviews – never speak to investigators alone. We’ll represent you, protect your rights, and strengthen your defence.

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Definition of Sexual Communication with a Child

Sexual communication with a child occurs when an adult (18+) communicates with a child (under 16) for the purpose of sexual gratification. This can be any form of communication, including:

• Digital (text messages, social media, video calls).
• Verbal (in person or over the phone).
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This has been illegal since April 2017, under Section 15A of the Sexual Offences Act (2003).

A communication is considered sexual if any reasonable person would view it as such, regardless of the adult’s intent. Examples include:

• Explicitly discussing sexual activity.
• Encouraging a child to make sexual communications or share sexual images.

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Sentence for Sexual Communication with a Child

The maximum sentence for sexual communication with a child is 2 years’ imprisonment.

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The court considers several factors when deciding the sentence including:

• Harm caused.
• Culpability (responsibility of offender).
• Aggravating factors (which make it more serious).
• Mitigating factors (which make it less serious).

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Harm caused

• Category 1 (most serious): Sexual images shared in the communication. Significant psychological harm or distress caused (or likely caused) to the child.
• Category 2: Lesser harm or distressed caused to the child.

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Culpability

• Category A (most serious): Involves abuse of trust (offender is teacher, coach, family member, etc); use of threats or bribes; targeting vulnerable child; offending alongside others; asking for sexual images.
• Category B: Offences with fewer aggravating factors.

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Aggravating and Mitigating Factors

• Aggravating: Repeated offending; exploitation of vulnerable children; attempts to conceal evidence; offence committed whilst on bail, and more.
• Mitigating: Remorse shown, no previous convictions, age/lack of maturity, and more.

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The prosecution and court take all of the above into account when deciding whether the sentence will be:

• Custodial (immediate imprisonment).
• Suspended prison sentence.
• Fines.
• Community orders.

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Important: If convicted, you will be placed on the Sex Offenders Register.

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Investigation process

Investigations into alleged sexual communication with a child vary, but most follow a similar timeline.

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Stage 1: Police discover suspected activity

The police may be alerted to suspected unlawful communication through:

• Reports from members of the public (including the alleged victim or their family).
• Concerns raised by schools or other organisations.
• Online monitoring by specialist law-enforcement teams.

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After an alert is raised, police carry out initial checks to confirm whether the concern appears genuine. They may begin preserving evidence, tracing online accounts and reviewing early information to decide if a full investigation is needed.

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Stage 2: Police action and investigation

Depending on their approach, the police may:

• Invite you to a voluntary interview, or
• Arrest you, often alongside a home search and seizure of devices.
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Never attend an interview without a solicitor.

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A voluntary interview can still be followed by an arrest.

If arrested and released on bail, you must follow strict conditions (such as restrictions on residence, contact, or internet use). Bail can last many months (up to 12 as standard, increased in 3-month increments).

Digital devices are forensically examined - a process that can take several months (even past a year).

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Stage 3: Charging decision

Once the investigation is complete, the police send the file to the Crown Prosecution Service (CPS).

• A private defence solicitor can submit pre-charge representations asking CPS not to charge (legal aid solicitors cannot do this).
• CPS decides whether to charge based on the evidence and the public interest test.

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If you are charged, you will be given a date for your plea hearing.

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Stage 4: Plea hearing

Your first court appearance takes place at the Magistrates’ Court.

• If you plead guilty, you may be sentenced immediately or at a later hearing.
• If you plead not guilty, the case is prepared for trial.
• It may stay in the Magistrates’ Court or move to the Crown Court, depending on seriousness.

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Stage 5: Trial

At the trial, the prosecution needs to prove the allegations are true beyond reasonable doubt.

Your solicitor and barrister will present an airtight defence case to secure a not guilty verdict, or the lowest possible penalty available.

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Defences and Mitigating Factors

We have extensive experience defending clients accused of sexual communication with a child. We create a tailored defence strategy for your situation, aiming to have the case dropped as early as possible - ideally before charges are filed.

Possible defences may include:

• You reasonably believed the child was 16 or over.
• Mental health or learning difficulties affecting responsibility.
• Procedural errors in the investigation that prevent a fair trial.

Possible mitigating factors may include:

• Your age or lack of maturity (usually for adults aged 18-25).
• Positive character references and no previous convictions.
• Demonstrated remorse for your actions.
• Steps taken towards rehabilitation.
• Mental health or learning difficulties affecting responsibility

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The earlier you start building your defence, the stronger your chance of having the case dismissed quickly. Call our team confidentially today.

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Additional ways we can support you

Client care is our top priority. We understand the extreme stress a criminal investigation causes. We have established contacts with those that provide therapy and rehabilitation to those subject to these investigations. We can also challenge strict bail conditions that disrupt your day-to-day life, including those which affect households with children under 18.

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Here are some related areas our sexual communications with a child solicitors can assist with:

• Making, possession and distributing indecent images of children.
• Causing, inciting or committing sexual activity with a child.
• Grooming or arranging offences.
• Historic sexual abuse.
• Indecent exposure.

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