abuse of position of trust

Quick Reference

It is an abuse of a position of trust for a person over the age of 18 years (A) to engage in sexual activity with a person under the age of 18 (B), where A looks after B in a care institution wherein B is accommodated and cared for, including a hospital, independent clinic, care home, residential care home, private hospital, community home, voluntary home, children's home, a home provided under section 82(5) of the Children Act 1989, or a residential family care centre. Four criminal offences under the Sexual Offences Act 2003 involve an abuse of a position of trust: sexual touching (s 16), engaging in sexual activity in a child's presence (s 17), causing or inciting a child to engage in sexual activity (s 18), and causing a child to watch a sexual act (s 19). The maximum sentence for committing a sexual offence involving an abuse of trust is five years' imprisonment.

Subjects: Law.

Reference entries