Sexual offences
The definitive guidelines for sentencing sexual offences were issued on 12 December 2013 and came into force on 1 April 2014.
There are over 50 offences included in the definitive guideline
- Rape and assault offences
- Offences where the victim is a child
- Rape of a child under 13
- Assault of a child under 13 by penetration
- Sexual assault of a child under 13
- Causing or inciting a child under 13 to engage in sexual activity – revised 2022, see below
- Sexual activity with a child/ Causing or inciting a child to engage in sexual activity – revised 2022, see below
- Sexual activity with a child family member/ Inciting a child family member to engage in sexual activity – revised 2022, see below
- Engaging in sexual activity in the presence of a child/ Causing a child to watch a sexual act – revised 2022, see below
- Arranging or facilitating the commission of a child sex offence – revised 2022, see below
- Meeting a child following sexual grooming
- Abuse of position of trust: sexual activity with a child/ Abuse of position of trust: causing or inciting a child to engage in sexual activity – revised 2022, see below
- Abuse of position of trust: sexual activity in the presence of a child/ Abuse of position of trust: causing a child to watch a sexual act
- Indecent images of children
- Exploitation offences
- Causing or inciting prostitution for gain/ Controlling prostitution for gain – revised 2022, see below
- Keeping a brothel used for prostitution
- Causing or inciting sexual exploitation of a child/ Controlling a child in relation to sexual exploitation/ Arranging or facilitating sexual exploitation of a child – revised 2022, see below
- Paying for the sexual services of a child – revised 2022, see below
- Trafficking people for sexual exploitation
- Offences against those with a mental disorder
- Sexual activity with a person with a mental disorder impeding choice/ Causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity – revised 2022, see below
- Engaging in sexual activity in the presence of a person with mental disorder impeding choice/ Causing a person, with mental disorder impeding choice, to watch a sexual act
- Inducement, threat or deception to procure sexual activity with a person with a mental disorder/ Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception
- Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder/ Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception
- Care workers: sexual activity with a person with a mental disorder/ Care workers: causing or inciting sexual activity – revised 2022, see below
- Care workers: sexual activity in the presence of a person with a mental disorder/ Care workers: causing a person with a mental disorder to watch a sexual act
- Other sexual offences
- Child sex offences committed by offenders under the age of 18
Revisions
Some sentencing guidelines were revised on 17 May 2022, and came into effect on 31 May 2022.
- Abuse of position of trust: sexual activity with a child/ Abuse of position of trust: causing or inciting a child to engage in sexual activity
- Arranging or facilitating the commission of a child sex offence
- Care workers: sexual activity with a person with a mental disorder/ Care workers: causing or inciting sexual activity
- Causing or inciting a child under 13 to engage in sexual activity
- Causing or inciting prostitution for gain/ Controlling prostitution for gain
- Causing or inciting sexual exploitation of a child/ Controlling a child in relation to sexual exploitation/ Arranging or facilitating sexual exploitation of a child
- Engaging in sexual activity in the presence of a child/ Causing a child to watch a sexual act
- Paying for the sexual services of a child
- Sexual activity with a child family member/ Inciting a child family member to engage in sexual activity
- Sexual activity with a child/ Causing or inciting a child to engage in sexual activity
- Sexual activity with a person with a mental disorder impeding choice/ Causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity
Other sentencing guidelines had some changes made to them on 31 May 2022. A table shows the guidelines affected and the changes.
A new sentencing guideline on Sexual communication with a child was also issued on 17 May 2022 and comes into force on 1 July 2022.
Consultations
The consultation on the draft guideline on sexual offences was open from 6 December 2012 to 14 March 2013. We received 165 responses.
A consultation that 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 on the sentencing of sexual offences was open from 13 May to 13 August 2021.
Offences covered
- 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)
Related documents
To support the guidelines and consultations, the Council also publishes a range of related documents. These documents may include consultation responses, statistical bulletins, resource and equality impact assessments and guideline assessments.
See also: Sexual offences – sentencing children and young people