Sexual assault of a child under 13
Sexual Offences Act 2003, s.7
Effective from: 01 April 2014
Triable either way
Maximum: 14 years’ custody
Offence range: Community order – 9 years’ custody
For offences committed on or after 3 December 2012, this is an offence listed in Part 1 of Schedule 15B for the purposes of section 224A (life sentence for second listed offence) of the Criminal Justice Act 2003.
For convictions on or after 3 December 2012 (irrespective of the date of commission of the offence), this is a specified offence for the purposes of section 226A (extended sentence for certain violent or sexual offences) of the Criminal Justice Act 2003.
Step 1 – Determining the offence category
The court should determine which categories of harm and culpability the offence falls into by reference only to the tables below.
- Significant degree of planning
- Offender acts together with others to commit the offence
- Use of alcohol/drugs on victim to facilitate the offence
- Grooming behaviour used against victim
- Abuse of trust
- Previous violence against victim
- Offence committed in course of burglary
- Sexual images of victim recorded, retained, solicited or shared
- Deliberate isolation of victim
- Commercial exploitation and/or motivation
- Offence racially or religiously aggravated
- Offence motivated by, or demonstrating, hostility to the victim based on his or her sexual orientation (or presumed sexual orientation) or transgender identity (or presumed transgender identity)
- Offence motivated by, or demonstrating, hostility to the victim based on his or her disability (or presumed disability)
- Factor(s) in category A not present