13 May 2021
Sexual offences: Consultation
Consultation on the sentencing of sexual offences. Closed 13 August 2021.
This consultation sought people’s views on a number of proposed amendments to existing child sex offence sentencing guidelines, and on a draft guideline for the offence of sexual communication with a child.
Following cases that came before the Court of Appeal, the Council decided to update the relevant guidelines to set out the approach the courts should take when sentencing cases where sexual activity with a child has been incited but ultimately did not take place.
The consultation also covered a new guideline for the offence of sexual communication with a child (section 15A of the Sexual Offences Act 2003), which was a relatively new offence created by the Serious Crime Act 2015 and in force since 2017.
We also consulted on minor amendments proposed for several guidelines to provide extra clarity on some harm and culpability factors, and minor changes to the wording of our guidance on sentencing historic sex cases better to reflect Court of Appeal case law.
- Arranging or facilitating the commission of a child sex offence (s14 Sexual Offences Act 2003) even where no sexual activity takes place, or no child victim exists
- Causing or inciting a child to engage in sexual activity (s10 Sexual Offences Act 2003), and other similar offences, even where activity is incited but does not take place, or no child victim exists
- Sexual communication with a child (s15A Sexual Offences Act 2003)