Sexual Offences Act 2003, section 9

Sexual activity with a child

Part 1 Sexual Offences

(1)A person aged 18 or over (A) commits an offence if—

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

(b)the touching is sexual, and

(c)either—

(i)B is under 16 and A does not reasonably believe that B is 16 or over, or

(ii)B is under 13.

(2)A person guilty of an offence under this section, if 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,

is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.

(3)Unless subsection (2) 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 to a fine not exceeding the statutory maximum or both;

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

Definitions used in section 9 1

Vagina

(9) “Vagina” includes vulva.

Defined in s.79(9) · see it in the full Act

Cases considering section 9 59

R v G (Appellant) (On appeal from the Court of Appeal (Criminal Division))

[2008] UKHL 37 · 18 June 2008Interprets

Criminalises sexual touching of a child, including penetration, and overlaps with section 5. When extended by section 13 to defendants under 18, it supplies an alternative offence carrying a lower maximum penalty (see paras [25], [45]–[46], [65]). Makes sexual activity with a child under 13 an offence of strict liability, so mistaken belief about age is unavailable. Read with section 13, it applies to defendants under 18 (see paras [18], [25]–[26]).

R v Kelvin Fielding

[2026] EWCA Crim 916 · 23 June 2026Limits

The court limited reliance on the section 9 guideline for the arranging or facilitating offence, holding that it was the wrong substantive guideline. It nevertheless held that the six-year sentence was not manifestly excessive even if section 9 were used. (see paras [10], [12]-[13])

R v Raymond Martin Langley

[2026] EWCA Crim 449 · 25 March 2026Limits

Limits the relevance of the sexual-activity-with-a-child guideline: although it can involve penetration, it does not necessarily amount to rape and did not reflect the seriousness of these offences. It was therefore inappropriate (see paras [22]; [25]).

39 more judgments, and what each says about section 9, are in the case-law panel in the full Act.

Explanatory note

18.Section 9 makes it an offence for a person (A) aged 18 or over to intentionally engage in sexual touching of a child under 16. Where the child is aged 13 or over but under 16, the prosecution must prove that A did not reasonably believe that he was 16 or over. “Touching” is explained at section 79(8) and covers all forms of physical contact including penetration; “sexual” is defined at section 78. Whether or not the child consented to the activity is irrelevant.

All the explanatory notes for the Act