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Abuse of position of trust: sexual activity in the presence of a child / Abuse of position of trust: causing a child to watch a sexual act

Sexual Offences Act 2003, s.18, s.19 · Crown Court / Magistrates

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Sentencing framework

The guideline for this offence categorizes cases based on culpability and harm, which influence the starting point and sentence range. Aggravating and mitigating factors help judges refine the sentence within the established range, considering the offender's previous conduct, character, and circumstances to ensure a balanced and fair sentence.

Maximum sentence

5 years’ custody

Court

Crown Court / Magistrates

Starting point

Community order – 2 years’ custody

Offence range

Community order – 2 years’ custody

Aggravating factors

  • ·Previous convictions
  • ·Offence committed whilst on bail
  • ·Offence facilitated by grooming a person under the age of 18
  • ·Location of offence
  • ·Timing of offence
  • ·Victim compelled to leave their home, school, etc
  • ·Failure to comply with current court orders
  • ·Offence committed whilst on licence
  • ·Presence of others, especially other children
  • ·Any steps taken to prevent the victim reporting an incident
  • ·Attempts to dispose of or conceal evidence
  • ·Failure of offender to respond to previous warnings
  • ·Commission of offence whilst under the influence of alcohol or drugs
  • ·Victim encouraged to recruit others

Mitigating factors

  • ·No previous convictions or no relevant/recent convictions
  • ·Remorse
  • ·Positive character and/or exemplary conduct
  • ·Age and/or lack of maturity
  • ·Mental disorder or learning disability
  • ·Demonstration of steps taken to address offending behaviour
  • ·Physical disability or serious medical condition requiring urgent treatment
  • ·Difficult and/or deprived background
  • ·Prospects of or in work, training or education

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

  1. Step 1 — Determining the offence category
  2. Step 2 — Starting point and category range
  3. Step 3 — Consider any factors which indicate a reduction, such as assistance to the prosecution
  4. Step 4 — Reduction for guilty pleas
  5. Step 5 — Dangerousness
  6. Step 6 — Totality principle
  7. Step 7 — Ancillary orders
  8. Step 8 — Reasons
  9. Step 9 — Consideration for time spent on bail (tagged curfew)

Guideline notes

  • The guideline applies only to offenders aged 18 and older. The court must follow any sentencing guidelines relevant to the offender’s case.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.