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Communicating indecently with an older child: Frequently asked questions

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Friday, 25 March 2022

If you or someone you know has been accused or charged with indecently communicating with a child, we understand that you will be feeling confused about what could happen. You may feel desperate to clear your name and protect your family and your reputation. To provide some guidance and help you through this uncertain time, we have put together a list of frequently asked questions, so you know what to expect.

If you have any questions, which have not been answered below or you would rather speak to one of our qualified sexual offences solicitors, please contact us.

What does the law say about sexual communication with an older child?

It is an offence for someone aged 16 or over to indecently communicate with an older child. 

Who is an ‘older child’?

An older child is a child who is aged either 13, 14 or 15. 

What does the law mean by indecent communication?

Any communication of a sexual nature is likely to be classed as indecent.

Does it matter how the communication was made?

No. The law does not just apply to communication over the internet or via text message. It includes all types of written communication. It also applies to verbal communication, such as speaking or sign language. 

What will not be classed as indecent communication?

Generally, offensive humour or provocative statements which might be distasteful or painful to some, will not be classed as indecent communication. 

What happens if I have been communicating with a ‘decoy’?

If it comes to light that the person you were communicating with is not an older child but is an adult decoy, you may still be guilty of an offence. To be found guilty the court must prove that you believed you were indecently communicating with an older child. 

Can things I have said to a decoy be used as evidence?

Yes. Scots law allows evidence gathered by ‘decoys’ to be used in court, against someone accused of indecently communicating with an older child. 

What should I do if I have been accused?

It is important that you seek help immediately. Getting a lawyer who has experience defending sexual offence cases is the best way to fight these allegations.  

What will happen if I am investigated?

If you are being investigated and the allegation relates to communication via the internet or through text message, it is likely that your electronic devices will be seized by the police and searched. Your home address may also be searched for any evidence. 

What will the court need to prove to find me guilty?

In order to be found guilty of this offence, the court will need to prove:

  • the communication was sexual in nature 
  • the communication was for the purposes of sexual gratification or to cause humiliation, distress or alarm to the child. 
  • the child is under the age of 16

What could happen if I am found guilty?

A person who is found guilty of indecently communicating with an older child could be given a prison sentence, a fine or both. The maximum penalty that can be given on summary conviction is 12 months’ imprisonment, a fine or both. A conviction on indictment could result in up to 5 years in prison, a fine or both. You may also be placed on the sex offender’s register. 

What will be considered by the judge when deciding the sentence?

The sentence which is given will depend on the circumstances of the case. The judge will look at how much mental and physical harm has been caused to the child. They will also look at any previous convictions the accused has, especially if they are of the same nature. The judge will also take into account the accused’s personal circumstances and how much remorse they show for their actions. 

Contact Our Sexual Offence Solicitors in Glasgow, Scotland

To achieve the best possible outcome, it is important that you instruct a solicitor at the earliest opportunity. Not having a solicitor with you during a police interview could cause you to say something that will jeopardise your entire case. Within our team, we have a number of highly qualified solicitors, who have previous experience in handling cases of this nature.

Talk to one of our criminal defence lawyers now -