Adult Abuse of Position of Trust Defence Solicitors
Specialist Criminal Defence Solicitors, Barristers and Legal Team at representing clients accused or charged with offences related to Adult Abuse of Position of Trust.
Criminal Offence Services
Allegations of abusing a position of trust are extremely serious and can have life-changing consequences, including imprisonment, loss of employment, and severe damage to your reputation. If you are under investigation or have been charged with this offence, it is essential to seek specialist legal advice immediately. At Kang & Co Solicitors, we have extensive experience in defending individuals accused of offences involving abuse of trust, and we provide expert guidance to protect your rights and secure the best possible outcome.
Our team of highly skilled solicitors, barristers, and legal advisors are dedicated to delivering robust and strategic representation in these complex and sensitive cases.
You can contact us today for an initial assessment of your case and a fixed me quotation for our services.
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Our law firm is ranked amongst the top tier of law firms in the United Kingdom in the category of Crime (which includes Driving Offences) by the prestigious Chambers and Partners law guide.
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The Legal 500 guide describes Kang & Co Solicitors as being “well adept at tailoring its resources to an individual case and investing heavily for the client. Legal advice is honest and the team always takes into consideration the views of the client.”
What is Adult Abuse of Position of Trust?
The offence of Abuse of Position of Trust is primarily defined under Section 16 to 19 of the Sexual Offences Act 2003. It typically arises where an adult uses their position of authority or responsibility to engage in sexual activity with a person who is under their care or supervision and who is under the age of 18.
However, the concept of “abuse of position of trust” can also arise in non-sexual contexts, such as cases involving fraud, financial crime, or the exploitation of vulnerable adults under the Fraud Act 2006 or the Theft Act 1968.
Examples of Positions of Trust
- Teachers or education staff supervising minors.
- Care workers responsible for vulnerable adults.
- Sports coaches managing children or young people.
- Healthcare professionals providing care or treatment.
- Financial advisor working with vulnerable adults.
The law is intended to protect vulnerable individuals from exploitation by those entrusted with power or authority over them.
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CRIMINAL LAWYERS
Our Agreed Fees for Private Crime cases start from;
£3,000 + VAT
Related Offences
Abuse of position of trust often overlaps with other criminal offences, such as:
- Sexual Activity with a Child by a Person in a Position of Trust (Sexual Offences Act 2003, s.16).
- Fraud by Abuse of Position (Fraud Act 2006, s.4).
- Theft or Misappropriation from someone under care or supervision.
Sentencing for Adult Abuse of Position of Trust
Sentencing in cases involving abuse of a position of trust is severe because of the breach of authority and the vulnerability of the victim. Courts treat this as a serious aggravating factor. Sentencing guidelines are determined by the Sentencing Council for either Sexual Offences or Fraud Offences, depending on the nature of the case.
Sexual Abuse of Position of Trust
If the abuse involves sexual activity under the Sexual Offences Act 2003, sentences can range from community orders to significant custodial sentences depending on the harm caused and culpability.
- Starting points for Category 1 offences (high culpability and high harm):
- 6 to 10 years’ imprisonment, particularly in cases involving repeated offending or young victims.
- Aggravating factors include:
- Grooming or manipulation to facilitate the abuse.
- Significant disparity in age or authority.
- Emotional or psychological harm to the victim.
- Mitigating factors include:
- Genuine remorse or early guilty plea.
- Lack of previous convictions.
- Demonstrable rehabilitation prospects.
Financial or Care-Related Abuse of Position of Trust
In cases involving financial exploitation or fraud under the Fraud Act 2006, sentencing is based on the financial value involved, level of planning, and vulnerability of the victim:
- Serious fraud involving breach of trust:
- 5 to 8 years’ imprisonment for high-value or systematic abuse.
- Lower-level offending with mitigating factors:
- Suspended sentences or community orders, although custodial terms remain common because of breach of trust.
The court will always take into account harm caused, financial loss, and breach of professional ethics, making these offences particularly serious for professionals such as teachers, carers, and healthcare providers.
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Legal Defences for Abuse of Position of Trust
Building an effective defence requires a thorough understanding of both the legal definition of a position of trust and the evidence presented by the prosecution. Common legal defences include:
No Legally Recognised Position of Trust
The prosecution must prove that you were in a position of trust as defined by law. For example, casual acquaintances or colleagues do not usually qualify unless specific duties of care existed. If the relationship falls outside statutory definitions, this could form the basis of a defence.
Consent and Age in Sexual Allegations
For sexual offences, if the individual involved was 18 or older and consented freely, this may be a complete defence. The offence under the Sexual Offences Act only applies to those under 18. Evidence of a consensual relationship can be critical to the case.
Lack of Dishonest Intent in Financial Cases
Under the Fraud Act, the prosecution must prove dishonesty beyond reasonable doubt. If you can show that the actions taken were in good faith or were authorised, this can significantly undermine the prosecution’s case.
False Allegations or Malicious Complaints
These cases often arise in contexts where there is pre-existing conflict (e.g., workplace disputes, care disputes). Demonstrating inconsistencies in the complainant’s account, ulterior motives, or lack of supporting evidence can form a robust defence.
Duress or Coercion
If you were pressured or threatened into the alleged behaviour, this can provide a defence. Evidence such as messages, witness statements, or patterns of coercive behaviour may support this argument.
Procedural Errors or Unlawful Evidence
Errors during police interviews, breaches of PACE (Police and Criminal Evidence Act 1984), or improperly obtained evidence can lead to exclusion of key prosecution evidence or even dismissal of charges.
Mistaken Identity or Insufficient Evidence
In cases involving multiple carers, teachers, or professionals, it is possible that identification evidence is weak. Challenging the accuracy of records or testimony can be vital.
Pre-Charge Advice & Representation
If you are under investigation for this offence but are yet to be charged, seeking legal advice and representation to fight your corner is important for putting yourself in the best position possible if charges are bought against you.
Find out more about our full Pre-Charge Advice & Representation Directors package.
Impact of a Conviction for Abuse of Position of Trust
A conviction for abusing a position of trust carries severe and long-lasting consequences that go far beyond the sentence imposed by the court:
- Professional Consequences:
Many professions – including teaching, healthcare, law, and financial services – require individuals to maintain good character and integrity. A conviction for breaching trust often leads to dismissal, regulatory investigations, and professional bans. For example: - Teachers: Referred to the Teaching Regulation Agency and likely to face a lifetime ban.
- Healthcare Workers: Investigated by the GMC, NMC, or other healthcare regulators.
- Financial Services: FCA may revoke authorisation to work in regulated roles.
- DBS (Disclosure and Barring Service) Checks:
Convictions for this offence almost always appear on enhanced DBS checks, making it difficult to obtain employment in roles involving children, vulnerable adults, or positions of responsibility. - Reputational Damage:
Allegations of abusing a position of trust attract significant media attention, often causing lasting harm to personal and professional reputation, even if you are acquitted. - Travel Restrictions:
Some countries (including the USA and Canada) refuse entry to those with convictions for offences involving dishonesty or abuse of trust.
If you are facing allegations or charges related to Adult Abuse of Position of Trust, it is crucial to act quickly and seek expert legal advice. Contact Kang & Co Solicitors on 0330 818 9825 for a confidential discussion about your case. Alternatively, complete our online contact form, and one of our specialist criminal defence lawyers will get back to you promptly.
We are here to provide the legal expertise and support you need during this difficult time.
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Feedback from our clients is helpful and appreciated at Kang & Co to help our team to continually improve our services.
Our Reputation
We are a Leading National Private Client Criminal Defence Law Firm, that frequently receives 5-star reviews and positive feedback from satisfied clients on Trustpilot, Google Reviews and Yell.
Our ever growing law firm is ranked as a leading firm in the field of Criminal Law by the prestigious Chambers UK Law Firm guide and The Legal 500. This reputation has been developed by providing unrivalled expertise, practical advice, communication and court advocacy.
Kang & Co Solicitors are also recognised as a Top Ranked Law Firm for Criminal Law by the prestigious Chambers & Partners legal guide and The Legal 500. This reputation has been developed by providing unrivalled expertise, practical advice, communication, and court advocacy.
If you choose to appoint us to defend your case, we guarantee that you will be provided with the best legal representation available, which in turn will provide you with the best chance of a successful result at Court.
Navigating Adult Abuse of Position of Trust related charges requires careful consideration of the circumstances and a thorough understanding of the law. Our specialised criminal defence team can assess your case, explore potential defences, and vigorously advocate for your rights in court. Contact us today for an initial consultation on 0330 818 9837 and discuss how we can help you defend against the allegations or charges.
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