Sexual assault of a child under 13

s.7Sexual Offences Act 2003

Intentionally touching a child under 13 where the touching is sexual. Consent and belief about age are irrelevant.

Sexual assault of a child under 13 · Sexual Offences Act 2003, s.7Card 133 / 195

Points to prove

Touching – s.79(8): touching with any part of the body, with anything else, or through anything, and includes touching amounting to penetration.
Sexual – s.78: a reasonable person would consider that (a) whatever its circumstances or anyone’s purpose, it is sexual by its nature, or (b) because of its nature it may be sexual, and because of its circumstances or the purpose of any person (or both) it is sexual.
Clothing – touching B’s clothing while B is wearing it can be touching (R v H 2005).
Consent – not an element. Whether B appeared to agree is irrelevant.
Age – s.7 has no reasonable-belief element. It is enough that B was under 13, so a belief that B was 13 or over is no defence. The House of Lords confirmed strict liability as to age for the under-13 offences in R v G 2008 (a s.5 case).

The offender can be any age. Section 13 (offenders under 18) applies only to ss.9 to 12, so it does not replace s.7.
If the touching involves penetration of B’s vagina or anus, consider assault of a child under 13 by penetration (s.6, life, indictable only).
Making a child under 13 touch someone else, or touch themselves, is causing or inciting a child under 13 to engage in sexual activity (s.8).
Where B is 13 to 15, consider sexual assault (s.3) if B did not consent, or sexual activity with a child (s.9) if A is 18 or over.

Legislation: Sexual Offences Act 2003, s.7 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 14 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summary)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

What are the points to prove for sexual assault of a child under 13?

1. Intentionally touched another person (B) 2. The touching was sexual 3. B was under 13

What is the maximum sentence for sexual assault of a child under 13?

14 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summary)

Is sexual assault of a child under 13 a summary, either-way or indictable offence?

Sexual assault of a child under 13 is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

What Act and section is sexual assault of a child under 13?

Sexual assault of a child under 13 is an offence under the Sexual Offences Act 2003, s.7.