Of the offences outlined in the Sexual Offences Act aimed at protecting children, section 18, titled “Sexual Activity with a Child by Abusing a Position of Trust,” is undoubtedly one of the most crucial. Notably, this offence applies to all individuals under 18 years old, irrespective of the age of consent being 16 years old.
For a person to be convicted of this offence, three conditions must be met.
Firstly, the Act stipulates that a person is guilty of the offence of sexual activity with a child under 18 years of age by abusing a position of trust when: i) engaging in sexual activity with a child, ii) inducing the child to engage in sexual activity with a third party, or iii) compelling the complainant to perform sexual acts, including inducing the child to masturbate.