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Under the Sexual Offences Act 2003, if you cause or encourage another person to engage in a sexual act or activity with an underaged person who is under 13 or 16, you may have committed a criminal offence.

This includes planning or commissioning a child to engage in sexual activity. It may also include grooming, lying about age or using a substance to facilitate sexual activity.

Although most people are fortunate enough not to be involved in a sexual offence case, those that are can find it very distressing. Being charged with sexual offences, especially with those who are underage and still considered to be a child, can be extremely concerning with fears going deeper than worries about what might happen in court.

It’s a time when it’s hard to sleep well, there will be anxiety about what people will think of you, and you will feel desperate to clear your name to protect your reputation.

If you’re a professional, you’ll be very frightened about what allegations of this nature can do to your career and quality of life. Understandably, you’ll be feeling under pressure and having sleepless nights.

To help you to get through this challenging time, we’ve put together a few of the questions that clients typically ask when they are involved in a sexual offence investigation. We aim to support you emotionally and practically at a time when you feel vulnerable and worried that your life could be transformed.

If you have any questions that we haven’t answered here, please contact us to find out more information about what to expect in an investigation or case of this nature. You can call us on 0208 888 5225 or use our contact form.

Have you been accused of Causing or Inciting Sexual Activity?

If you or somebody close to you has been accused of causing or inciting sexual activity, you will be feeling very confused, worried, stressed and concerned about what’s going to happen.

For the prosecution to prove there is a case of causing or inciting sexual activity with an underage person they must show:

The activity is sexual

Another person was intentionally caused or incited to engage in the activity

The person is under 16 or even under 13 years of age.

It is not for you to prove your innocence but for the prosecution to prove your guilt.

As there is no time limit when charges are brought, the prosecution can bring charges if they feel it’s in the public interest to do so. Cases of this nature are usually known as historic sexual offence cases.

There may be a chance that the outcome of the trial will be for you to be imprisoned. This could affect the well-being of your family. If you’re aren’t able to make an income, they may find it difficult to the required finances to pay the rent or mortgage, pay bills and buy the food they need.

What type of actions are considered causing or inciting sexual activity?

The actions that take place to create an offence of causing or inciting sexual activity with a child are several. If there was an abuse of trust, planning of the sexual activity, grooming or lying about age, all these factors will be considered during sentencing.

The most common sexual offences committed in this crime are the following:

Sexual activity by penetration – for instance, when there is penetration of the anus or the vagina of a child.

Touching of breast or genitalia – this is when any form of touching takes place of the child.

Any other sexual activity – If you are being investigated for any of these offences, it’s critical that you take professional legal advice as quickly as possible.

What happens in a causing or inciting sexual activity investigation?

When there is an investigation into causing or inciting sexual activity, it can be a very worrying time. You’ll wonder how it will affect your primary relationship, that with your children and other family members. What will the effect be on your career or business? You may worry that you’ll be imprisoned and that your family may not be able to cope financially. Your world will feel upside down, and it’s more than casting a dark shadow over it.

You may have been falsely accused of causing or inciting sexual activity

If you know that you did not cause or incite sexual activity and the allegations against you are untrue, it’s vital that you take the guidance of an experienced sexual offences lawyer.  A competent and knowledgeable lawyer may be able to help you to get the case dismissed before it reaches the court stage.

It’s vital that you hire somebody who has in-depth knowledge of and experience in the offence of causing or inciting sexual activity with a child.

Without a lawyer, you cannot find out more until the interview

If you’ve been asked to attend a police interview, you will discover that you cannot find out much about what you’re being accused of prior to the meeting. A lawyer will be able to ask to see the evidence against you, or at the least discover if the police have evidence on you that they have not fully disclosed yet.

Causing or inciting sexual activity legal expertise is developed with practice and access to large volumes of work. A good sexual offences lawyer will have spent years honing their skill at developing strategies to defend you in court.

Instruct a legal professional as soon as possible

If you have been accused of causing or inciting sexual activity, it is of paramount importance that you seek help immediately. The sooner you engage your legal team, the better your chances of success. Our team are here to listen to your side of the case, to talk you through the process, and to put together a defence that will be in your best interests.

What should you do if you get arrested or charged with causing or inciting sexual activity?

We will work with you to understand your account of events and then decide how best to present your side of the story. In doing this, we will analyse the prosecution’s case in detail, we will contest the admissibility of evidence and fight rigorously to ensure all disclosure has been provided, especially materially which may assist the defence case.

We will explore and collect any indirect and circumstantial evidence which supports your case and falls in line with the defence strategy. If we can gather material which proves the complainant to be a prolific liar, for example, these are the sorts of investigations we will make.

We will engage brilliant and specialist sexual offences barristers who will stand with us side by side throughout your case. If there is any reason to explore mobile phone evidence or computer evidence, we will engage specialists who do just that and then invite them to present their findings to the court.

Can the police search my home?

The police can search your home as they will be seeking evidence. The authorities will have granted access to your property, and the police will carry through the search.

What type of sentence could you get for causing or inciting sexual activity?

Depending on what you are charged with, you may receive anything between a community service order and 10 years’ imprisonment. Read more information about sentencing for Causing or Inciting Sexual Activity

What mitigating factors may be considered in sentencing?

When sentencing for causing or inciting sexual activity, your case will be looked at closely for how much harm you have caused the victim, mentally and physically.

Your previous convictions or otherwise clean record will be of importance in addition to any aggravating and mitigating features in the case.

Your standing in the community, amongst those in professional roles and your affiliations will also be taken into consideration together with any good deeds you may wish the judge to know about.

Could you go to jail for Causing or Inciting Sexual Activity?

Causing and inciting sexual activity is a serious offence and most times you will receive a prison sentence.  However, it’s not the case every time. In some situations, you may even be able to get your case resolved outside of the court system, depending on how serious it is and the quality of your lawyer.

We handle sexual offence cases regularly and have in-depth knowledge in this arena.

Does a conviction for Causing or Inciting Sexual Activity go on your criminal record?

If your causing or inciting sexual activity case is heard in court and you are convicted of the crime, your conviction will be recorded on your CRB / police record.

The period of the endorsement will depend on the nature and length of the sentence imposed on you.

In addition, your name will be added to the ‘sex offenders register’ and you will be subjected to ‘notification requirements’.

How Can Stuart Miller Solicitors Help?

We understand the turmoil caused by allegations of causing or inciting sexual activity. You may feel terribly embarrassed and the allegations will inevitably affect your well-being and may even affect your ability to work. Whether the allegations are true or not, the rule of law and Human Rights Act assumes one to be ‘innocent until proven guilty’ but you may be feeling like the system is totally against you and presuming you to be guilty until you prove your innocence.

Our sexual offences solicitors have defended sexual offences daily for more than 30 years. We really are unparalleled experts in this field, requiring careful and skilful lawyering.

Lack of sleep, constant stress, shaking anxiety and worries for your future and your family will destabilise your decision-making capabilities. You must therefore engage sexual offences solicitors to not only guide you through the process but also make you feel better about the case in general.

What will happen when I instruct a sexual offences lawyer?

At Stuart Miller Solicitors, we are extremely proud of the long-established reputation we have in the sexual offences field. We provide highly trusted legal advice but also ensure that every member of our legal team is approachable and open-minded.

We will act pro-actively and not wait to be re-active against the prosecution building its case. We are modern, energetic and committed lawyers with an unmatched eagerness to win. To achieve the best possible outcome, we believe that early action by you is pivotal. If you are interviewed by the police without an expert sexual offences solicitor, you may say something on the police interview tape which will damage the entire case. You must therefore engage our services from the very outset so we can set about protecting your best interests.

In investigations or prosecutions of this nature, there is typically much complexity, and you will typically feel intimidated as you are prosecuted. For us to be able to help you, we will need to work together, and you can have a free consultation so that we can discuss your case and what happened.

Would you like to discuss your case before instructing us?

If you’d like to have a no obligation chat with us before you instruct us to take your case, then call us today.

In addition to giving you a free consultation, we can also represent you at the police station if you’ve been arrested. We can look at securing your legal aid.

Please contact us for a face to face meeting or a telephone call. There is a WhatsApp link on this page if that is your preference.


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