TF [2019] EWCA Crim 1785

The appellant pleaded guilty to causing or inciting a child to engage in sexual activity and two counts of sexual activity with a child. He was sentenced to 2 years and 6 months ‘ imprisonment.

The appellant and complainant were cousins through the marriage of older relatives. When the appellant was 19 and the complainant 14 they began to communicate more regularly than before, the chats becoming highly sexualised. During a message exchange, the appellant encouraged the complainant to penetrate herself digitally.

They also met up, and the complainant performed oral sex on the appellant, and they had penetrative sex. The activity was consensual. The complainant said that she did not want to get the appellant into trouble, that she was a willing participant and saw them as of comparable maturity.

Held: the judge erred in categorising this case as category A, it should have been categorised as a 1B offence. Bearing in mind the mitigating factors outweighed those which aggravated the offence, the appropriate sentence was one year. The appellant was assessed as a low risk of further offending, and there was a realistic prospect of rehabilitation. The Court therefore concluded that the sentence could be suspended for a period of one year.