“Sentences explained for Sexual crimes”

Full list of maximum sentences at the bottom of this page

Did you know ?

17,727 sexual crimes against children under 16 were recorded in England and Wales in 2010/2011

43 police forces in England and Wales recorded 23,097 child sex offences in 2011. That included rape, incest, child prostitution and pornography.

Just as worryingly, only 2,135 of offences reported — ten per cent — led to someone actually being convicted and sentenced. Thousands of paedos escape scot-free.

Figures show that 134 of the 984 rapists jailed in 2011 in England and Wales were given sentences of four years or less. One got less than 12 months.

Official figures in 2011 showed more than 200 paedophiles who admitted having sexual activity with children aged under 13 were cautioned by police.

The most recent figures showed less than half of those who admitted or were convicted of such offences were jailed

Legislation sets out broad powers and limits but within these it is up to the court to decide how they should be applied in each individual case. Within the limits of the legislation, judges and magistrates have discretion in sentencing.

Criminal Justice Act 2003

The current law relating to the sentencing of adult offenders is largely contained in the Criminal Justice Act 2003

(Please note this link takes you to the original version of the Act which has been amended over time.) The Act aimed to provide a clearer and more flexible sentencing framework and sets out:

• the purposes of sentencing;

• general sentencing principles including:provisions relating to different types of sentence and when they may be applied;

  • the reduction in sentence for a guilty plea;

  • the principles relating to previous convictions and offences committed on bail; and

  • statutory aggravating factors.

• provisions relating to the sentencing of dangerous offenders; and

• provisions relating to release.

• When passing a sentence of life imprisonment, the judge should make clear what the determinate sentence would have been, and then fix the specified period.

• The specified period of a life sentence should range from between one-half to two-thirds of the determinate term. The time that the offender has spent in remand should be deducted from the specified period.

• One-half should be the normal proportion, less time spent in custody. But in some cases, more than one-half will be appropriate.

• If a judge specifies a higher proportion than one-half, he or she should state the reasons for doing so.

• A ‘whole life’ minimum term sentence can be imposed for the most dangerous offenders, meaning there is no minimum period which can properly be set in that case.

• A life sentence average tariff is 14years equvalent to a 28yr sentence. However, depending on the age of the offender and mitigating circumstances it can be half that.

• A 30yr minimum tariff is usually specified for serious offenders usually involving multiple murders .

• Following their release, life sentence prisoners remain ‘on licence’ for the rest of their lives. This means that they are subject to supervision by the Probation Service, and may be recalled to custody at any time if the terms of the licence are breached.

  Types of sentence

  There are a number of different types of sentences available to the courts when sentencing an offender aged 18 or over. These include the most common types of sentences such as fines and more severe sentences for the most serious (and more rare) offences such as life sentences.

  The judge or magistrate will decide the appropriate type and length of sentence depending upon the facts of each individual case, referring to sentencing guidelines and the law.  

  Below is the maximum sentences that can be passed for each offence

  From the Law pages 

   

SERIOUS SEXUAL OFFENCES
Rape	Sexual Offences Act 1956 s.1(1)	Life
Sexual intercourse with girl under 13	Sexual Offences Act 1956 s.5	Life
Attempted sexual intercourse with girl under 13	Sexual Offences Act 1956 s.5	7 years
Sexual intercourse with defective	Sexual Offences Act 1956 s.7	Life
Incest by man with a girl under 13	Sexual Offences Act 1956 s. 10	Life
Buggery of person under 16	Sexual Offences Act 1956 s.12	Open
Indecency with children under 14	Indecency with Children Act 1960 s.1(1)	10 years
Taking, having etc. indecent photographs of children	Protection of Children Act 1978 s.1	10 years
Possession of indecent photograph of a child	Criminal Justice Act 1988 s.160	5 years
Assault with intent to commit buggery	Sexual Offences Act 1956 s.16	10 years
Abduction of woman by force	Sexual Offences Act 1956 s.17	14 years
Permitting girl under 13 to use premises for sexual intercourse	Sexual Offences Act 1956 s.25	Life
Allowing or procuring child under 16 to go abroad to perform	Children and Young Persons Act 1933 ss.25, 26	Open
Abduction of unmarried girl under 16 from parent	Sexual Offences Act 1956 s.20	Life
Permitting girl under 16 to use premises for intercourse	Sexual Offences Act 1956 s.26	Life
Causing or encouraging prostitution of girl under 16	Sexual Offences Act 1956 s.28	Life
Rape	Sexual Offences Act 2003 s. 1	Life
Assault by penetration	Sexual Offences Act 2003 s. 2	Life
Sexual assault	Sexual Offences Act 2003 s. 3	10 years
Causing a person to engage in sexual activity without consent	Sexual Offences Act 2003 s. 4	10 years
Rape of child under 13	Sexual Offences Act 2003 s. 5	Life
Assault of child under 13 by penetration	Sexual Offences Act 2003 s. 6	Life
Sexual assault of child under 13	Sexual Offences Act 2003 s. 7	14 years
Causing a child under 13 to engage in sexual activity	Sexual Offences Act 2003 s. 8	14 years
Sexual activity with a child	Sexual Offences Act 2003 s. 9	14 years
Causing a child to engage in sexual activity	Sexual Offences Act 2003 s. 10	14 years
Arranging or facilitating commission of a child sex offence	Sexual Offences Act 2003 s. 14	14 years
Sexual activity with a child family member, with penetration (Offender over 18)	Sexual Offences Act 2003 s. 25	14 years
Sexual activity with a child family member, with penetration (Offender under 18)	Sexual Offences Act 2003 s. 25	5 years
Inciting a child family member to engage in sexual activity (Offender over 18)	Sexual Offences Act 2003 s. 26	14 years
Inciting a child family member to engage in sexual activity (Offender under 18)	Sexual Offences Act 2003 s. 26	5 years
Sexual activity with a person with a mental disorder	Sexual Offences Act 2003 s. 30	14 years
Causing or inciting a person with a mental disorder to engage in sexual activity	Sexual Offences Act 2003 s. 31	14 years
Engaging in sexual activity in the presence of a person with a mental disorder impeding choice	Sexual Offences Act 2003 s. 32	10 years
Causing a person with a mental disorder impeding choice to watch a sexual act	Sexual Offences Act 2003 s. 33	10 years
Inducement, threat or deception to procure sexual activity with a person with a mental disorder	Sexual Offences Act 2003 s. 34	14 years
Inducing person with mental disorder to engage in sexual activity	Sexual Offences Act 2003 s. 35	14 years
Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder	Sexual Offences Act 2003 s. 36	10 years
Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception	Sexual Offences Act 2003 s. 37	10 years
Care workers: sexual activity with a person with a mental disorder	Sexual Offences Act 2003 s. 38	10 years
Care workers: inciting person with mental disorder to engage in sexual act	Sexual Offences Act 2003 s. 39	10 years
Paying for sexual services – penetration – of a child under 13	Sexual Offences Act 2003 s. 47	Life
Paying for sexual services – penetration – of a child under 16	Sexual Offences Act 2003 s. 47	14 years
Causing or inciting child prostitution or pornography	Sexual Offences Act 2003 s. 48	14 years
Controlling a child prostitute	Sexual Offences Act 2003 s. 49	14 years
Facilitating child prostitution	Sexual Offences Act 2003 s. 50	14 years
Trafficking into UK for sexual exploitation	Sexual Offences Act 2003 s. 57	14 years
Trafficking within UK for sexual exploitation	Sexual Offences Act 2003 s. 58	14 years
Trafficking out of UK for sexual exploitation	Sexual Offences Act 2003 s. 59	14 years

SEXUAL OFFENCES AND OFFENCES AGAINST CHILDREN
Administering drugs to obtain intercourse	Sexual Offences Act 1956 s.4	2 years
Procurement of a woman by threats	Sexual Offences Act 1956 s.2	2 years
Procurement of a woman by false pretences	Sexual Offences Act 1956 s.3	2 years
Attempted sexual intercourse with girl under 13	Sexual Offences Act 1956 s.5	7 years
Procurement of a defective	Sexual Offences Act 1956 s.9	2 years
Intercourse with a defective	Sexual Offences Act 1956 s.7	2 years
Incest by man with a girl under 13	Sexual Offences Act 1956 s.10	7 years
Incest by woman with a girl under 13	Sexual Offences Act 1956 s.11	7 years
Attempted incest by man with a girl over 13	Sexual Offences Act 1956 s.10	2 years
Gross indecency between male of 21 or over and male under 16	Sexual Offences Act 1956 s.13
Indecent assault on a woman	Sexual Offences Act 1956 s.14	10 years
Indecent assault on a man	Sexual Offences Act 1956 s.15	10 years
Abuse of position of trust	Sexual Offences (Amendment) Act 2000 s.3
Man living on earnings of prostitution	Sexual Offences Act 1956 s.30	7 years
Woman exercising control over prostitute	Sexual Offences Act 1956 s.31
Living on earnings of male prostitution	Sexual Offences Act 1967 s.5	7 years
Inciting girl under 16 to have incestuous sexual intercourse	Criminal Law Act 1977 s.54	2 years
Ill-treatment of persons of unsound mind	Mental Health Act 1983 s.127
Abduction of unmarried girl under 18 from parent	Sexual Offences Act 1956 s.19	2 years
Abduction of unmarried girl under 16 from parent	Sexual Offences Act 1956 s.20	2 years
Abduction of defective from parent	Sexual Offences Act 1956 s.21	2 years
Causing prostitution of women	Sexual Offences Act 1956 s.22	2 years
Procuration of girl under 21	Sexual Offences Act 1956 s.23	2 years
Detention of woman in brothel	Sexual Offences Act 1956 s.24	2 years
Permitting girl under 16 to use premises for intercourse	Sexual Offences Act 1956 s.26	2 years
Permitting defective to use premises for intercourse	Sexual Offences Act 1956 s.27	2 years
Causing or encouraging prostitution of, intercourse with or indecent assault on girl under 16	Sexual Offences Act 1956 s.28	2 years
Causing or encouraging prostitution of defective	Sexual Offences Act 1956 s.29	2 years
Soliciting by men	Sexual Offences Act 1956 s.32	2 years
Keeping a brothel	Sexual Offences Act 1956 s.33	6 months
Ill-treatment of patients	Mental Health Act 1983 s.127	2 years
Sexual intercourse with patients	Mental Health Act 1959 s.128	2 years
Sexual assault	Sexual Offences Act 2003 s.3	Life
Causing sexual activity without penetration	Sexual Offences Act 2003 s. 4	Life
Paying for sexual services – penetration of a child aged 16 or 17	Sexual Offences Act 2003 s. 47	7 years
Engaging in sexual activity in the presence of a child	Sexual Offences Act 2003 s. 11	10 years
Causing a child to watch a sexual act	Sexual Offences Act 2003 s. 12	10 years
Child sex offence committed by person under 18	Sexual Offences Act 2003 s. 13	5 years
Meeting child following sexual grooming	Sexual Offences Act 2003 s. 15	10 years
Abuse of trust: sexual activity with a child	Sexual Offences Act 2003 s. 16	5 years
Abuse of position of trust: causing a child to engage in sexual activity	Sexual Offences Act 2003 s. 17	5 years
Abuse of trust: sexual activity in the presence of a child	Sexual Offences Act 2003 s. 18	5 years
Abuse of position of trust: causing a child to watch sexual activity	Sexual Offences Act 2003 s. 19	5 years
Engaging in sexual activity in the presence of a person with a mental disorder	Sexual Offences Act 2003 s. 32	7 years
Causing a person with a mental disorder to watch a sexual act	Sexual Offences Act 2003 s. 33	7 years
Engaging in sexual activity in the presence of a person with a mental disorder	Sexual Offences Act 2003 s. 36	7 years
Causing a person with a mental disorder to watch a sexual act	Sexual Offences Act 2003 s. 37	7 years
Care workers: sexual activity in presence of a person with a mental disorder	Sexual Offences Act 2003 s. 40	7 years
Care workers: causing a person with a mental disorder to watch a sexual act	Sexual Offences Act 2003 s. 41	7 years
Causing or inciting prostitution for gain	Sexual Offences Act 2003 s. 52	7 years
Controlling prostitution for gain	Sexual Offences Act 2003 s. 53	7 years
Administering a substance with intent	Sexual Offences Act 2003 s. 61	10 years
Committing offence with intent to commit sexual offence	Sexual Offences Act 2003 s. 62	10 years
Trespass with intent to commit sexual offence	Sexual Offences Act 2003 s. 63	10 years
Sex with adult relative: penetration	Sexual Offences Act 2003 s. 64	2 years
Sex with adult relative: consenting to penetration	Sexual Offences Act 2003 s.65	2 years
Exposure	Sexual Offences Act 2003 s. 66	2 years
Voyeurism	Sexual Offences Act 2003 s. 67	2 years
Intercourse with an animal	Sexual Offences Act 2003 s. 69	2 years
Sexual penetration of a corpse	Sexual Offences Act 2003 s. 70	2 years
Creulty to children	s1 Children & Young Persons Act 1933	10 years