Abuse of position of trust: sexual activity with a child / Abuse of position of trust: causing or inciting a child to engage in sexual activity

s.16, s.17 Sexual Offences Act 2003 · Triable either way

Sentencing framework

The guideline for sentencing in cases of abuse of position of trust involving sexual activity with a child provides a structured approach based on culpability and harm. Offenders are categorized based on the severity of their actions, with specific starting points and ranges for sentences determined by whether they committed penetrative acts or lesser offenses. Factors such as previous convictions or the offense's context can aggravate sentencing, while signs of good character or remorse may mitigate it.

Maximum sentence

5 years’ custody

Court

Triable either way

Offence range

Community order – 2 years’ custody

Aggravating factors

·Previous convictions
·Offence committed whilst on bail
·Offence facilitated by grooming
·Ejaculation
·Pregnancy or STI as a consequence of offence
·Location of offence
·Timing of offence
·Victim compelled to leave their home, school, etc.
·Failure to comply with current court orders
·Commission of offence 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 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
·Difficult and/or deprived background or personal circumstances
·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

Step 1 — determining the offence category
Step 2 — starting point and category range
Step 3 — consideration of factors indicating a reduction
Step 4 — reduction for guilty pleas
Step 5 — dangerousness
Step 6 — totality principle
Step 7 — ancillary orders
Step 8 — reasons for the sentence
Step 9 — consideration for time spent on bail (tagged curfew)

Guideline notes

Guideline users should consider fairness in treatment and outcomes as emphasized in the Equal Treatment Bench Book. A pre-sentence report should be requested unless unnecessary. Specific adjustments may be made to sentences based on mitigating factors.

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.