A legal bods viewpoint. Bit long winded but sums it up quite well (and asnwers some of the teacher points amde - would be a special case)
Right or Wrong? Adam Johnson Charged with Child Sex Offences
Posted on 24 April, 2015 by David Gibbs
Adam-Johnson-150x150.jpgPremier League football player Adam Johnson has been formally charged by Durham Police on three counts of unlawful sexual activity with a child under 16 and one count of grooming. The charges relate to offences committed between December 20 2014 and February 26 2015 with a 15 year old girl.
Looking on various social media sites, there have been two camps of opinion in relation to this story. Some people have vilified Johnson as a sexual predator, a monster and a paedophile and some have expressed sympathy for him in that “the girl was almost 16 (the age of consent in the UK) and she will have known what she was doing…”. Who is right? Whilst it is not our place to answer this question, we can look at the law relating to these offences.
The law in this country holds that it is not legally possible for a child under the age of 16 to consent to sexual activity. Accordingly, the law does not allow a person’s consent to sexual activity to have effect in the following situations:
• where the person giving consent did not understand what was happing and so could not give informed consent, for example in the case of a child or someone suffering from a severe mental disability;
• where the person giving consent was under the relevant age of consent.
These two situations detailed above are different. In the first, the apparent consent is not treated as real consent because the person consenting did not understand enough to give real consent. This is a question of fact. In the second, consent is real as a matter of fact but the law does not allow it to count.
Where the victim has consented in fact but not in law, such as appears to be the case with Johnson, alternative offences may be appropriate, which is why there has been a charge of unlawful sexual activity..
Johnson , who is 27 years of age, has been charged with offences committed under the Sexual Offences Act 2003, namely
1. Sexual activity with a child, in accordance with Section 9 of the Act
2. Meeting a child following sexual grooming, in accordance with Section 15 of the Act
An offence under Section 9 of the Act is defined in is if:
“A person aged 18 of over (A)…intentionally touches another person (

, the touching is sexual and either B is under 16 and A does not reasonably believe that B is 16 or over, or B is under 13”.
Dependent upon the nature of the sexual activity between Johnson and the girl, he could face a custodial sentence of up to 14 years. It should be noted that, had the girl been under the age of 13, the maximum sentence is life imprisonment.
An offence under Section 15 of the Act, relating to grooming is defined as if:
“A person aged 18 or over (A)… has met or communicated with another person (

on at least two occasions and subsequently A intentionally meets B, travels with the intention of meeting B…or arranges to meet B or B travels with the intention of meeting A in any part of the world… and
“A intends to do anything to or in respect of B…during or after the meeting…which if done will involve the commission by A of a relevant offence… and
“B is under 16, and
“A does not reasonably believe that B is 16 or over.”
In Johnson’s case, the police and the CPS have decided that they have sufficient information to judge that Johnson has committed sexual acts of some description with this girl and that he was aware she was under the age of legal consent when doing so.
Whilst there may indeed be sympathy for Johnson (and it is not our place to judge whether this sympathy is misplaced, much of which may depend on the individual facts of the case which will be heard by the Court when Johnson is tried), the fact remains that, if he has committed the offences he is alleged to have done, he has acted contrary to the laws of this country and when all is said and done, he has, allegedly, engaged in unlawful sexual intercourse with a child, being a person under the age of 16.
As a side point, it should be noted that whilst it is automatically an offence for a person over 18 years old to engage in sexual activity with a child under 16, it is also an offence for a person over 18 years to have sexual relations with a children under the age of 18, where they act in a position of trust. So in the hypothetical question of a 24 year old teacher engaging in sexual activity with a sixth form student aged 17, because that position of trust is in place, even though she is able to give “consent”, an offence has been committed under Section 16 of the Sexual Offences Act 2003 and subject to imprisonment of up to 5 years.