Sex offenses in the UK are crimes that are covered by the Sexual Offences Act 2003Â with specific guidelines for prosecution
Child Sex Abuse
Those accused of child rape can no longer argue that the child consented. Any sexual intercourse with a child under 13 will be treated as rape. Other non-consensual offences against children under 13 are sexual assault by penetration, sexual assault, and causing or inciting a child to engage in sexual activity.
There are new offences of sexual activity with a child under 16. These cover a range of behaviour, involving both physical and non-physical contact. As children and young persons commit sexual crimes on other children, these offences apply also to persons under 18.
- child abuse through prostitution and pornography. These include:
- buying sexual services of a child,
- causing, encouraging, arranging or facilitating child prostitution or pornography, and
- controlling any of the activities of a child involved in prostitution or pornography;
SENTENCING UNDER THE SEXUAL OFFENCES ACT 2003:
- Single offence of rape by single offender: 5 years custody – victim 16 or over
8 years custody – victim 13 or over but under 16
10 years custody – victim under 13 - Rape accompanied by aggravating factor: 8 years custody – victim 16 or over
10 years custody- victim aged 13 or over but under 16
13 years custody – victim under 13 - Repeated Rape of same victim by single offender or rape involving multiple victims:
15 years custody
If the offender is over 18 when convicted of a qualifying offence and is sentenced by the Crown Court to a period of imprisonment of 12 months or more, (or a hospital or guardianship order), the court must order the accused to be disqualified from working with children, unless it is satisfied, having regard to all the circumstances that it is unlikely that the accused will commit any further offence against a child. If the court does not make an order, it must state its reasons and those reasons must be recorded: section 28 CJCSA 2000.
How The Cardiff Crown Court rolls….
The process set out below is intended to show that the sentencing approach for sexual
offences is fluid and requires the structured exercise of discretion.
1. Identify dangerous offenders
Most sexual offences are specified offences for the purposes of the public protection
provisions in the CJA 2003. The court must determine whether there is a significant risk
of serious harm by the commission of a further specified offence. The starting points in the
guidelines are a) for offenders who do not meet the dangerous offender criteria and b) as
the basis for the setting of a minimum term within an indeterminate sentence for those
who do meet the criteria.
NOTE:  Definitions of “Dangerous Offender” were  revised in 2008 due to appeals by defendants.  Which one Watkins falls under is a little “sketchy” believe it or not as he has never been convicted of a Sexual Crime (that we are aware of)
2. Identify the appropriate starting point
Because many acts can be charged as more than one offence, consideration will have to be
given to the appropriate guideline once findings of fact have been made. The sentence
should reflect the facts found to exist and not just the title of the offence of which the
offender is convicted.
3. Consider relevant aggravating factors both general and those specific to the type of offenceÂ
This may result in a sentence level being identified that is higher than the suggested starting
point, sometimes substantially so.
- Within the guidelines, a first-time offender is a person who does not have a conviction which, by virtue of section 143(2) of the CJA 2003, must be treated as an aggravating factor.
AGGRAVATING FACTORS:
- Abduction or detention
- Offender aware that he is suffering from a sexually transmitted infection
- More than one offender acting together
- Abuse of trust
- Offence motivated by prejudice
- Sustained attack
- Pregnancy or infection results
- Offender ejaculated or caused victim to ejaculate
- Background of intimidation or coercion
- Use of drugs, alcohol or other substance to facilitate the offence
4. Consider mitigating factors and personal mitigation
There may be general or offence-specific mitigating factors and matters of personal
mitigation which could result in a sentence that is lower than the suggested starting point
(possibly substantially so), or a sentence of a different type.
5. Reduction for guilty plea
The court will then apply any reduction for a guilty plea following the approach set out in the
Council’s guideline Reduction in Sentence for a Guilty Plea.
As a general principle (rather than a matter of law) an offender who pleads guilty may expect some credit in the form of a discount in sentence. Section 144 CJA 2003 does not confer a statutory right to a discount which remains a matter for the court’s discretion.
Where a judge takes a plea of guilty into account, it is important that he says he has done so (R v Fearon[1996] 2 Cr. App. R (S) 25 CA).
6. Consider ancillary orders
The court should consider whether ancillary orders are appropriate or necessary. These are
referred to in some of the offence guidelines.
- In all cases, the court must consider whether it would be appropriate to make any
ancillary orders, such as an order banning the offender from working with children, an
order requiring the offender to pay compensation to a victim, or an order confiscating
an offender’s assets or requiring the forfeiture of equipment used in connection with
an offence
7. The totality principle
The court should review the total sentence to ensure that it is proportionate to the offending
behaviour and properly balanced.
8. Reasons
When a court moves from the suggested starting points and sentencing ranges identified in
the guidelines, it should explain its reasons for doing so.
From Sexual Offenders Act 2003:
The offender’s culpability in sexual offences
1.12 According to the Council’s guideline on seriousness, culpability is determined by the
extent to which the offender intends to cause harm – the worse the harm intended, the
greater the offender’s culpability.
The nature of the sexual activity
1.18 The nature of the sexual activity covered by some offences in the SOA 2003 (such as ‘rape’ and ‘assault by penetration’) is quite precisely defined whilst others – for example, ‘sexual activity with a child’, ‘sexual activity with a child family member’, ‘abuse of a position of trust’ – are drawn very widely and cover all forms of intentional activity involving sexual touching, including penetration.
• Sexual activity involves varying types and degrees of touching ranging from genital or
oral penetration through to non-genital touching of the victim’s clothed body.
• Penetrative acts are more serious than non-penetrative acts. The fact that the
offender or victim (especially the victim) is totally or partially naked makes the activity
more serious.
• The touching may be consensual, ostensibly consensual or non-consensual. Where
the victim’s ability to consent is impaired by, for example, youth or mental incapacity,
this makes the activity, regardless of its nature, more serious.
Compensation orders
1.32.3 The court must consider making a compensation order, in accordance with the
provisions of the Powers of Criminal Courts (Sentencing) Act 2000, in respect of any
personal injury, loss or damage occasioned to a victim. Compensation should benefit, not
inflict further harm on, the victim. Any financial recompense from the offender for a sexual
offence may cause the victim additional humiliation, degradation and distress. The victim’s
views are properly obtained through sensitive discussion with the victim by the police or
witness care unit, when it can be explained that the offender’s ability to pay will ultimately
determine whether, and how much, compensation is ordered. The views of the victim
regarding compensation should be made known to the court and respected and, if
appropriate, acknowledged at the time of sentencing. A victim may not want compensation
from the offender, but this should not be assumed.
