Sexual Offences Act 2003 s.25 – Sexual activity with a child family member

(1)A person (A) commits an offence if—

(a)he intentionally touches another person (B),

(b)the touching is sexual,

(c)the relation of A to B is within section 27,

(d)A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and

(e)either—

(i)B is under 18 and A does not reasonably believe that B is 18 or over, or

(ii)B is under 13.

(2)Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.

(3)Where in proceedings for an offence under this section it is proved that the relation of the defendant to the other person was of a description falling within section 27, it is to be taken that the defendant knew or could reasonably have been expected to know that his relation to the other person was of that description unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that it was.

(4)A person guilty of an offence under this section, if aged 18 or over at the time of the offence, is liable—

(a)where subsection (6) applies, on conviction on indictment to imprisonment for a term not exceeding 14 years;

(b)in any other case—

(i)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(ii)on conviction on indictment, to imprisonment for a term not exceeding 14 years.

(5)Unless subsection (4) applies, a person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(6)This subsection applies where the touching involved—

(a)penetration of B’s anus or vagina with a part of A’s body or anything else,

(b)penetration of B’s mouth with A’s penis,

(c)penetration of A’s anus or vagina with a part of B’s body, or

(d)penetration of A’s mouth with B’s penis.

Definitions used in section 25 2

proceedings: (c) “proceedings” includes proceedings before a service court, and
Defined in s.137(1) · see it in the full Act
Vagina: (9) “Vagina” includes vulva.
Defined in s.79(9) · see it in the full Act

Cases considering section 25 5

R v AJ

[2023] EWCA Crim 1345 · 31 October 2023

The court confirmed that, for offences under section 25, a substantial disparity of age could independently justify culpability A. A parental relationship was not intrinsic to the offence, and the sentencing judge had not relied on abuse of trust for these counts (see paras [24]; [26]).

RF, R. v

[2017] EWCA Crim 1890 · 31 October 2017

The court applied the sentencing guideline for offences contrary to section 25. It held that the sentences for four such offences were unduly lenient and substituted immediate custodial terms (see paras [31]; [35]). Cited only.

M, v R.

[2015] EWCA Crim 1848 · 15 October 2015

The court recorded that the maximum sentence for an offence under this section was 14 years, which explained the prior correction of the extended sentence. (see para [1]) The court recorded that the appellant had been convicted under this provision. It formed the basis of the offences under appeal. (see para [1])

GB, R. v[2015] EWCA Crim 1501 · 6 August 2015
Reynolds & Ors, R. v[2007] EWCA Crim 538 · 8 March 2007

What each judgment says about section 25 is in the case-law panel in the full Act.

Explanatory note

51.Section 25 makes it an offence for a person (A) intentionally to touch a family member (as defined in sections 27) aged under 18, where the touching is sexual. The meaning of touching is explained at section 79(8). It covers all forms of physical contact including sexual intercourse. The definition of sexual is at section 78. Additional elements of the offence are that A must know, or be in a position where he could reasonably be expected to know, that the child is his family member and that, except where the child is under 13, he does not reasonably believe that the child is 18 or over.

52.So if, for example, A has never met the child before, and so does not know, and could not reasonably be expected to know, that she is his sister, and reasonably believes she is over 18, he will not commit this offence by engaging in sexual activity with her, even though she is in fact his sister, and only 14.

53.In relation to both these last two elements of the offence A is under an evidential burden (subsections (2) and (3)). This means that unless A shows from the evidence that there is an arguable case about these issues, it is presumed that he did not reasonably believe the child to be 18 or over, and that he knew or could reasonably have been expected to know that the child was his family member. Whether or not the child consented to the touching is irrelevant.

All the explanatory notes for the Act