On 10 February 2016, professional footballer Adam Johnson pleaded guilty to one count of sexual activity with a child and one count of grooming. He entered not guilty pleas in respect of two further counts of sexual activity with a child and his trial began today, 12 February 2016.
The offences
Sexual activity with a child: s.9 SOA 2003
(1) A person aged 18 or over (A) commits an offence if—
(a) he intentionally touches another person (B),
(b) the touching is sexual, and
(c) either—
(i) B is under 16 and A does not reasonably believe that B is 16 or over, or
(ii) B is under 13.
(2) A person guilty of an offence under this section, if the touching involved—
(a) penetration of B’s anus or vagina with a part of A’s body or anything else,
(b) penetration of B’s mouth with A’s penis,
(c) penetration of A’s anus or vagina with a part of B’s body, or
(d) penetration of A’s mouth with B’s penis,
is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.
Grooming: s.15 SOA 2003:
(1) A person aged 18 or over (A) commits an offence if—
(a) A has met or communicated with another person (B) on at least two occasions and subsequently—
(i) A intentionally meets B,
(ii) A travels with the intention of meeting B in any part of the world or arranges to meet B in any part of the world, or
(iii) B travels with the intention of meeting A in any part of the world,
(b) A intends to do anything to or in respect of B, during or after the meeting mentioned in paragraph (a)(i) to (iii) and in any part of the world, which if done will involve the commission by A of a relevant offence,
(c) B is under 16, and
(d) A does not reasonably believe that B is 16 or over.
[…]
(4) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years.
It is important to note that the offence of grooming is not merely the act of communicating with a child for sexual gratification/the subject of which is sexual. The offence is actually entitled “meeting a child following sexual grooming” and therefore is actually concerned with the act of meeting (or travelling to meet) a child following communication for the purposes of committing a sexual offence.
There is a new offence of “sexual communication with a child”, however that is not yet in force. That offence when enacted will criminalise sexual conversations and will not rely on an intention to meet, or an actual meeting.
The trial
Johnson’s trial began on 12 Feb. We will monitor it and post when there is something that we are able to report. Like anyone else, he is entitled to a fair trial and the media should be very careful about what is published during the trial. As such, we will say no more at this stage.
It has been reported that Johnson has been ‘sacked’ by his employer, Sunderland AFC. At the moment, that would seem to be the least of his worries.