Draft Sentencing Guidelines for Sexual Offences

The Sentencing Guidelines Council (SGC) has published draft guidelines on the sentencing of offences contained within the Sexual Offences Act 2003.

The proposals set out detailed instructions for judges on how to sentence more than 50 different types of sex crime.

The main principles behind the guidelines are the SGC’s recognition that all sexual offences are serious and that there is a wide range of harm caused to victims, which should be reflected in sentences imposed on offenders.

The SGC recommends a minimum starting point of five years’ imprisonment for rapists whose victim was aged over 18. Currently 98% of those convicted of rape receive a custodial sentence, with the average length of sentence being seven and a half years. None of the recommendations in the guidelines would lead to reductions in the average lengths of sentences.

The guidelines also suggest aggravating factors for sentencing purposes, such as extreme youth or old age of the victim. The guidelines suggest higher starting points where a victim is aged less than 13 or they have any form of mental disorder which impedes their choice. Another aggravating factor is where the offender is in a position of trust in relation to the victim.

The Council support the existing case law, which states that ‘acquaintance rape’ and ‘relationship rape’ should be treated as seriously as attacks by strangers.

Other offences contained in the guidelines include:

• Preparatory offences such as grooming.
• Exposure.
• Voyeurism, for example recording of sexual activity and putting it on a website.
• Indecent photographs of children.
• Trafficking.

The draft guidelines have been put out to consultation until July 31. The draft guidelines can be found at http://www.sentencing-guidelines.gov.uk/