Inappropriate Communications With a Minor Defence

If you are under investigation for sexual communication with a child, early legal advice is critical. These cases are taken seriously by police and prosecutors and can escalate quickly.

At Clifford Johnstons, our specialist sexual offences solicitors provide strategic, confidential advice from the outset. Our focus is to protect your position, challenge the evidence, and, where possible, prevent a charge altogether.

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.

To prove the offence, the prosecution must show that:

• you were aged 18 or over;
• you communicated with a person under 16;
• you did not reasonably believe them to be over 16 and;
• the communication was sexual or intended to encourage a sexual response
• the

The offence applies to all forms of communication, including:

• text messages and WhatsApp
• social media (Facebook, Instagram, Snapchat)
• online chat platforms
• emails or calls

Importantly, the offence can be committed even if the child does not respond.

Do I need a solicitor for sexual communication allegations?

Yes. Allegations involving sexual communication with a child carry serious consequences, including the risk of imprisonment and placement on the Sex Offenders Register.

A specialist sexual offences solicitor can:

• advise you before police interview
• protect you from making damaging admissions
• assess whether the evidence meets the legal test
• challenge whether there is a realistic prospect of conviction
• make pre-charge representations to avoid prosecution

Early advice often makes the difference between a charge and no further action.

Common scenarios we deal with

Our sexual offence defence lawyers regularly act in cases involving:

• online messaging with someone believed to be under 16
• communication with undercover police officers
• cases involving vigilante or “paedophile hunter” groups
• allegations arising from social media or dating platforms
• device-based evidence (phones, laptops, downloads)

These cases are rarely straightforward. Context, intent, and digital evidence all require careful analysis.

What if I thought the person was over 16?

A potential defence exists if you genuinely and reasonably believed the person was aged 16 or over.

This will depend on:

• what the other person told you
• what steps you took to verify their age
• the nature of the communication
• any images or representations relied upon

This is a highly fact-specific defence and must be handled carefully from the outset.

Sentencing for sexual communication with a child

The offence carries a maximum sentence of 2 years’ imprisonment.

If convicted, you will also be subject to Sex Offender Register requirements, which can affect employment, travel, and personal life.

Not all cases result in immediate custody. The court will consider:

• seriousness of the communication
• whether there was planning or persistence
• previous convictions
• personal mitigation

In appropriate cases, suspended sentences or community orders may be imposed.

Can I avoid prosecution?

In some cases, it may be possible to avoid prosecution altogether.

Our defence solicitors will assess:

• whether the evidence meets the Full Code Test
• whether prosecution is in the public interest
• whether out-of-court disposals (such as a caution) are realistic

We regularly prepare detailed pre-charge representations to the police and CPS, supported by evidence and mitigation.

Vigilante groups and undercover cases

An increasing number of sexual communication cases involve:

• online vigilante groups (“paedophile hunters”)
• individuals posing as children
• undercover police officers

These cases raise complex issues around evidence, conduct, and intent.

They also carry immediate reputational risks, particularly where material is published online. Early legal advice is essential to manage both the investigation and wider impact.

Why choose Clifford Johnstons?

Clifford Johnstons is a specialist criminal defence firm with expert sexual offence solicitors with extensive experience in sex offence investigations.

We are known for:

• early, strategic intervention
• robust pre-charge defence work
• handling complex and sensitive allegations
• protecting clients’ reputation and future

We understand how these cases are built and how to challenge them effectively.

Contact a Sexual Offences solicitor

If you are being investigated for sexual communication with a child, do not wait. Our specialist Child Sexual Offence Solicitors provide clear, confidential advice from the outset. As trusted Stockport Solicitors, we represent clients in serious and sensitive sexual offence investigations with care and discretion.

Early action can change the outcome.