Charged With Historic Abuse of Trust Offences?
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Katie Forrest of Forrest Williams

Historic Abuse of Trust Offences

This information should be read together with our overview of historic sexual offences.

An offence has been committed if the defendant has had sexual intercourse or sexual activity with a person aged under 18 whilst being in a position of trust relative to that person.

Sexual intercourse can be vaginal or anal and ejaculation is not necessary.

Position of trust is defined as ‘regularly involved in caring for, training, supervising or being in sole charge’ of persons under 18. This extends to situations where the defendant is in a position of trust and the complainant is looked after in the relevant place but without the defendant’s being directly involved in their care.

There are four categories of liability which can be summarised as involving under 18s in the following circumstances:

• Mental health patients
• Children’s homes
• Those needing care
• Those in education

Consent is immaterial but if not present, the appropriate charge would be rape.

Defences include the defendant lacking knowledge of his position of trust, and lawful marriage between the parties.

The maximum sentence for this offence is five years’ imprisonment.

Charged with historic Abuse of Trust Offences?
Call Us Now on 01623 600645