COULD I GET A SUSPENDED SENTENCE FOR SEXUAL COMMUNICATION WITH A CHILD?

If you have been accused of sexual communication with a child, you are probably feeling anxious about what might happen next. You may be worried about whether you could go to prison, what a suspended sentence means, and what you can do to improve your chances of a better outcome. This article is designed to help you understand the offence of sexual communication with a child, what sentences are possible, how suspended sentences work, and what steps you can take to protect yourself.

What is sexual communication with a child? 

Sexual communication with a child is a criminal offence under Section 15A of the Sexual Offences Act 2003. This law was introduced by the Serious Crime Act 2015 to address online grooming and inappropriate digital contact with minors. The offence occurs when an adult aged 18 or over intentionally communicates with a child under 16 in a sexual manner for the purpose of obtaining sexual gratification.

The communication can take many forms, including text messages, social media posts, emails, video calls, or any other digital platform. Examples might include sending explicit messages describing sexual acts, requesting intimate photographs from a child, or engaging in sexually explicit conversations online. The law also covers sending sexual images or videos to a child, even if the child does not respond or engage.

The offence is complete once the sexual communication is sent, regardless of whether the child responds or any meeting takes place. The prosecution must prove that you intended the communication to be sexual and that you did so for sexual gratification. However, ordinary social interactions or legitimate educational communications would not fall under this offence. The key distinction is the sexual nature and intent behind the communication.

What are the usual sentences for sexual communication with a child?

The maximum sentence for sexual communication with a child is two years’ imprisonment. This offence can be tried in either the Magistrates’ Court or the Crown Court, depending on the severity of the case and other circumstances. The court has the power to impose a range of sentences based on the specific facts of your case.

Sentences can vary from community orders, such as unpaid work or supervision requirements, to custody for more serious cases. The court will consider factors such as the content and frequency of the communications, whether images were involved, the age of the child, and your previous criminal record. Not every case results in immediate imprisonment, particularly for first-time offenders or where the communications were limited in nature.

The court may also consider factors such as whether you attempted to meet the child, the duration of the communications, and any evidence of grooming behaviour. Cases involving very young children or particularly explicit content are more likely to result in custodial sentences, while isolated incidents with less serious content may be dealt with through community penalties.

What is a suspended sentence and how does it work?

A suspended sentence is a prison term that does not take immediate effect. Instead of going to prison straight away, the court suspends the sentence for a specified period, typically between six months and two years. During this suspension period, you must comply with certain conditions and stay out of trouble. If you successfully complete the suspension period without breaching any conditions, you will not serve the prison sentence.

However, if you commit another offence or fail to comply with the conditions during the suspension period, the court can activate the suspended sentence, meaning you would then serve the original prison term in addition to any sentence for the new offence. The court can attach various requirements to a suspended sentence, such as unpaid work, rehabilitation programmes, curfew orders, or supervision by the probation service.

Can sexual communication with a child result in a suspended sentence?

Yes, it is possible for sexual communication with a child to result in a suspended sentence, but this depends on the specific circumstances of your case. The court will carefully consider whether a suspended sentence is appropriate by weighing the seriousness of your offence against any mitigating factors in your favour.

Factors that might favour a suspended sentence include having no previous convictions, showing genuine remorse, the communications being limited in nature or frequency, no attempt to meet the child in person, and demonstration of steps taken to address any underlying issues. If you have stable employment, family responsibilities, or health problems that would make immediate custody particularly difficult, these may also support a suspended sentence.

Conversely, factors that make a suspended sentence less likely include extensive or persistent communications, sending explicit images, attempting to arrange meetings, targeting very young children, or having relevant previous convictions. The court will also consider whether you pose an ongoing risk to children and whether immediate custody is necessary to protect the public.

What factors do courts consider when deciding on a suspended sentence for sexual communication with a child?

When deciding whether to suspend a sentence for sexual communication with a child, courts consider numerous factors that help determine both the seriousness of the offence and your personal circumstances.

• The nature and content of the communications are crucial considerations. Courts will examine whether explicit images were shared, the sexual nature of the language used, the persistence and frequency of contact, and whether there was any element of grooming or manipulation. Communications that are more explicit, frequent, or involve attempts to meet the child will be viewed more seriously.
• The age and vulnerability of the child involved significantly impacts sentencing. Cases involving very young children or particularly vulnerable victims, such as those with learning difficulties, will be treated more severely. The court will also consider whether you specifically targeted vulnerable children or if the contact was more opportunistic in nature.
• Your personal circumstances play an important role in the court’s decision. Factors such as your age, employment status, family responsibilities, and mental or physical health will be considered. Evidence of genuine remorse, cooperation with the investigation, and steps taken to address any underlying issues such as seeking counselling or therapy can work in your favour.
• The court will assess your risk of reoffending and likelihood of complying with a suspended sentence. This includes consideration of any previous convictions, particularly those involving children or sexual offences, your response to previous sentences, and any evidence of ongoing risk to children. Demonstrating insight into your behaviour and commitment to change can support a suspended sentence.
• Finally, the court will consider whether immediate custody is necessary to protect the public, particularly children, and whether the aims of sentencing can be achieved through a suspended sentence with appropriate requirements such as rehabilitation programmes or supervision.

How serious does the offence have to be for a prison sentence for sexual communication with a child?

Not every case of sexual communication with a child results in immediate imprisonment. The court will only impose immediate custody if it concludes that the offence is so serious that no other sentence would be adequate punishment or sufficiently protect the public.

Immediate prison sentences are more likely when the communications involved explicit sexual content, sharing of indecent images, persistent contact over extended periods, or attempts to arrange meetings with the child. Cases where the defendant has specifically sought out vulnerable children or used sophisticated methods to avoid detection also tend to result in custody.

The court considers whether you pose an ongoing risk to children. If there is evidence of predatory behaviour, lack of insight into the harm caused, or indicators that you might continue to offend, immediate custody becomes more likely. Previous convictions for similar offences or failures to comply with court orders will also increase the likelihood of imprisonment.

What can I do to improve my chances of getting a suspended sentence for sexual communication with a child?

If you are facing charges for sexual communication with a child, there are several steps you can take that may improve your chances of receiving a suspended sentence rather than immediate custody.

• Demonstrating genuine remorse and insight into your behaviour is crucial. This means acknowledging the wrongfulness of your actions and understanding the potential harm to the child victim. Consider seeking counselling or therapy to address any underlying issues that may have contributed to your behaviour, such as relationship problems, stress, or inappropriate attitudes towards children.
• Taking practical steps to reduce future risk can strengthen your case significantly. This might include avoiding certain online platforms, installing monitoring software on your devices, or agreeing to supervision arrangements. Providing evidence of stable employment, family support, or community ties can also demonstrate that you are unlikely to reoffend and can comply with a suspended sentence.
• Be prepared to comply with any requirements the court might impose as part of a suspended sentence, such as unpaid work, rehabilitation programmes, or regular reporting to probation services. Showing willingness to engage with these measures demonstrates your commitment to rehabilitation and makes a suspended sentence more viable for the court to consider.

Where to get more help

If you are facing charges for sexual communication with a child, get specialist legal advice without delay. At Stuart Miller Solicitors, we have extensive experience defending clients accused of sexual offences and understand the serious implications these charges can have for your life and reputation. Contact us today for a free, confidential consultation to discuss your case and options.

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Okoro Junior

17:54 15 Oct 25

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15:42 09 Oct 25

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16:48 16 Jan 25

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12:25 11 Dec 24

One of the things I’ve appreciated most is their exceptional communication. In fact, they take the time to explain the difficult legal points in a way that I could understand, despite their technicalities, thus I was never in the dark about what was going on. This was even more beneficial when dealing with complex transactions, which required a high level of clearness. Their commitment to updating me on every step along the way of the lawsuit indeed brought some peace of mind.

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I recommend Rob he got me a suspended sentence of a 9 weeks sentence on a common assault on an emergency officer much appreciate he was there to communicate at all time when in need and reassured me that we will have a good result in the end as long as I complied hats off to rob and i hope others have a good or better experience working with him as his truly passionate about his workThanks robJahvellDate of experience: November 5th

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15:43 11 Oct 24

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10:19 30 Sep 24

Hi I used this law firm for a trial and they went above and beyond to help me. I truly do recommend all use this law firm and they know there stuff. I was found not guilty at trial and Sarah did an amazing job.I'm so happy thanks guys

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19:53 11 Aug 24

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264144253

06:44 29 May 24

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17:12 17 May 24

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Maciek Rad

13:32 16 May 24

I would just like to thank Mohammed Zeb, for the amazing work he put in at court today. He really helped me understand the matter and how to solve it with such professionalism. I would highly recommend Mohammed to anyone that’s got any ongoing cases.

Sahin akay

11:06 16 May 24

I really appreciate Mr Mohammed Zeb for his support, advice and his strong defence in my case. He’s a great solicitor and I’ll definitely be requesting him if ever need be in the future.

Jakub Nowakowski

11:05 16 May 24

Mr zeb is the Best solicitor giving the best legal advice and defence as I was stressing out before speaking to him and when he clued me to what’s happening I stopped stressing as I knew how to deal with the situation. Would recommend to anyone needing advice.

Rams K

09:45 14 May 24

Kiran was exceptional in handling our case. Right from the outset, she instilled a sense of calm, demonstrating a high level of professionalism and providing invaluable assistance in swiftly resolving matters. I wholeheartedly endorse their services and would highly recommend Stuart Miller Solicitors.Kiran's commitment, support, and professionalism were beyond what we could have asked for

Mannaa Mo

23:16 24 Apr 24

Thank you so much to Mohammed Zeb And Sophie. We was supported in all steps along the way of my little sister’s case. They made us extremely comfortable and sufficiently advised us in every aspect. All of our questions were answered in detail and all information we needed was clearly outlined to us. With the prosecution pushing for jail time, Mr Zeb was able to quickly diffuse the situation in court and get an outcome for us that was much less detrimental. We are so happy that we chose to go with this firm and would recommend Stuart Miller to any and everyone. Thank you again to Mr Zeb and Sophie for all your support, we will never forget it.

Ayesha Akbar

20:24 06 Mar 24

We had an issue with the police raising an incorrect safeguarding issue against our daughter because we used a Complementary Alternative Medicine (CAM) which they disagreed with (wet cupping therapy). The police wanted us to sign a community resolution order admitting that we assaulted our child! We spoke to Mohammed Zeb who swiftly acted to contact experts in our field and his field, along with experts in social services matters and gave us recommendations to challenge the police. Their weak case quickly dissolved into no further action when the police realised that we would not accept a resolution order claiming we assaulted our child.I would strongly recommend Mr Zeb to all and would use nobody but them in the future.

Samanda Jashari

17:06 27 Feb 24

After searching high and low, they are best solicitors in the uk! They truly care about people and are willing to help no matter when. Very honest and realiable!

paula militaru (paula)

15:37 16 Feb 24

Stuart Miller Solicitors are the best !I been searching online for legal aid solicitors, and I find them!Easy with all documents required, and easy with my case too!They been so helpful to me and they give me a positive vibe every single time we meet up for my case !They are amazing and I definitely recommend them 100 % !Thank you so much to both of solicitors who get my case and god bless them forever !

dean morgan

10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

Sophia H

15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

Hassan Ali

20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

Clare Peters

20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

Yeliz Akturk

12:36 22 Jan 24

Many people promise to deliver some just talk nonsense on social media platformsThe truth is that your defence team must be on the same level as your thought if you have any chance of winningMy case was difficult complex and very seriousI thank you all at Stuart miller : Mohammed Zeb and Peter had it not been for your care knowledge support I would not be here todayThank you from my family and I

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