Sexual activity with a child family member / Inciting a child family member to engage in sexual activity

s.25, s.26 Sexual Offences Act 2003 · Crown Court / Magistrates

Sentencing framework

This guideline categorizes offences based on culpability and harm, allowing courts to determine appropriate sentences. Factors such as the nature of the relationship between the offender and victim, the seriousness of the offense, previous convictions, and the offender's background are taken into account to either aggravate or mitigate sentencing. The maximum sentence for this offence is 14 years, with a range from community orders up to 10 years in custody depending on the circumstances.

Maximum sentence

14 years’ custody

Court

Crown Court / Magistrates

Starting point

5 years custody (for category 2, culpability B)

Offence range

Community order – 10 years’ custody

Aggravating factors

·Previous convictions
·Offence committed whilst on bail
·Severe psychological or physical harm
·Victim compelled to leave their home, school, etc.
·Failure to comply with current court orders

Mitigating factors

·No previous convictions or no relevant/recent convictions
·Remorse
·Positive character and/or exemplary conduct
·Age and/or lack of maturity (which may be applicable to offenders aged 18-25)
·Mental disorder or learning disability, particularly where linked to the commission of the offence
·Difficult and/or deprived background or personal circumstances

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.