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Sexual Offences Response to Consultation 1 Sexual Offences Response to Consultation RESPONSE CONSULTATION December 2013 Sexual Offences Response to Consultation 1 Contents Foreword 3 Chapter one: Introduction 4 Research 5 Overarching themes 6 Chapter two: Rape and assault offences 9 Rape 9 Assault by penetration 20 Sexual assault 21 Sexual activity without consent 22 Chapter three: Offences where the victim is a child 23 Offences relating to victim under 13 23 Rape of a child under 13 24 Guidelines for other under 13 offences 26 Sexual offences against children aged over 13 26 Sexual activity with a child and causing and inciting sexual activity with a child 27 Arranging or facilitating a child sexual offence 29 Sexual activity with a child family member 30 Engaging in the presence of and causing a child to watch sexual activity 30 Meeting a child following sexual grooming 31 Abuse of trust 32 Chapter four: Indecent images of children 33 2 Sexual Offences Response to Consultation Chapter five: Exploitation offences 39 Sexual exploitation of children 42 Paying for the sexual services of a child 43 Trafficking 44 Chapter six: Offences against those with a mental disorder 46 Mental disorder impeding choice 47 Inducement threat or deception 48 Offences relating to care workers 48 Chapter seven: Other offences 50 Exposure 50 Voyeurism 51 Sex with an adult relative 52 Preparatory offences 53 Committing an offence with intent to commit a sexual offence 53 Trespass with intent to commit a sexual offence 54 Historic offences 54 Chapter eight: Offences committed by offenders 55 under the age of 18 Annex A: Consultation respondents 58 Annex B: Consultation questions 62 © Crown copyright 2013 You may re-use this information (not including logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit www.nationalarchives.gov.uk/doc/open-government- licence/or email: [email protected] Sexual Offences Response to Consultation 3 Foreword hen the Sentencing Council began I would especially like to thank all those from revising and updating the guidelines non-governmental organisations, the police, the Won sentencing sexual offences in May Crown Prosecution Service (CPS) and members 2011, the sensitivity and complexity of this of the judiciary who gave their time during the area of sentencing was apparent. It was also development of the guidelines both in advance clear that the nature and reporting by victims of, and during, the consultation period. If it were of sexual offending was evolving and the not for their openness, frankness and generosity extent of the impact of such offences has been in sharing their experiences, our work would have increasingly highlighted. It continued to evolve been made even more difficult. I would also like to during our development of the guidelines, thank Professor Alisdair Gillespie and His Honour as shown in the past year by a wave of high- Judge Rook QC, both of whom have provided the profile cases which have further evidenced Council with the benefit of their very considerable the very varied nature of sexual offending. experience in this field. The Council has sought to make the guidelines flexible enough to accommodate such The Rt Hon Lord Justice Leveson developments and assist judges in reflecting Chairman of the Sentencing Council to the core aspects of harm and culpability in 3 November 2013 sentence levels. This is the largest and most complex guideline As the new Chairman and an existing member the Council has completed to date, covering over of the Council who has been involved in the 50 sexual offences. Setting out the Council’s development of these guidelines from the outset, thinking across this very wide range of offences I know the debt of gratitude that is owed to Lord led to a significant consultation document, Justice Leveson for his leadership of the Council and I acknowledge that its sheer size made it a and in setting the tone for the very substantial challenge for those responding. Nonetheless, programme of work which we have undertaken. the Council has been hugely impressed by the I am confident that the new guidelines will reflect time, effort and consideration that went into the more effectively the impact of these offences on responses we received. victims and will provide clarity for sentencers, victims and the public about the approach to What has been most important is that where sentencing in this difficult and sensitive area of respondents disagreed with our proposals, they offending. I hope that the content of this response provided reasoned argument as to why and document demonstrates how valuable the suggested alternative ways to deal with the issue. consultation process is to the Council and how The Council has maintained its overall approach, carefully we consider the responses made. but the responses have been of great assistance in honing the guidelines to make them as clear The Rt Hon Lord Justice Treacy and transparent as possible. A number of changes Chairman of the Sentencing Council that have been made as a result of the responses received are set out in detail in this response paper. 4 Sexual Offences Response to Consultation Chapter one Introduction “I must first congratulate you [Lord Justice Sentencing Council published a consultation on Leveson] and the Sentencing Council for leading draft guidelines on sentencing sexual offences. the development of this comprehensive and The consultation, which tackled 54 separate welcome piece of guidance. In my opinion offences in 33 guidelines, was the culmination this guidance has the potential to reach much of over a year’s work engaging with sentencers, further than its original intent of delivering non-governmental organisations (NGOs), law tougher and more appropriate sentences…. enforcement agencies, prosecutors, lawyers It isn’t often that sentencing guidelines are and academics specialising in this area. Their capable of changing the public perception of generosity in sharing time and expertise was an offence but these draft guidelines might just essential in shaping the proposals in the help to do that.” consultation. Vera Baird QC, Police and Crime Commissioner for Northumbria The consultation period ran for 14 weeks, during which Council members and officials from the In December 2012, in accordance with section Office of the Sentencing Council ran a number of 120 of the Coroners and Justice Act 2009, the consultation events: 23 January 2013 General approach, rape and assault Legal practitioners London 14 February 2013 Indecent images of children, rape Police representatives from London numerous forces and CEOP 28 February 2013 Child victims Barnardo’s, NSPCC, Internet Watch London Foundation 28 February 2013 Rape and assault Rape Crisis, Rights of Women London 6 March 2013 Mental disorder offences Respond, Ann Craft Trust, Mencap, London The Havens 7 March 2013 Rape, sexual activity with a child, Police, legal practitioners, probation, Lancaster indecent images of children academics 7 March 2013 Indecent images of children, sexual Magistrates Birmingham assault, exposure Sexual Offences Response to Consultation 5 These events enabled specific issues to Medical Judges 4% Magistrates 12% practitioners be examined in detail and explored any 2% perceived problems with the proposals. Those who attended the sessions came willing to engage, talk frankly about their experience of working in this field and to Public Legal offer constructive comments. The Council is 40% practitioners 6% grateful to all who gave up time to attend the events and especially to those who travelled some distance to offer their views. Police In total, 165 responses were received; 13% of these 69 were sent in as letters or emails whilst 96 responded to the online consultation. Respondents were drawn NGOs from a variety of backgrounds including 10% judges, magistrates, practitioners, the police, NGOs and victims of sexual Academics 6% Government 4% Victims 2% offending. The breakdown of responses is shown here: Breakdown of respondents by type A further breakdown of organisations who Category Number of responses responded is found at Annex A. Judges 7 Magistrates 19 Research Throughout the development and Legal practitioners 10 consultation process the Council has Police 21 used its team of social researchers to NGOs 17 commission and conduct detailed research Victims 4 to help inform the proposals including: Government 6 • an email survey of Crown Court judges Academics 10 to establish how they would sentence Public 67 certain sexual offences using the current SGC guidelines (January/February 2012); Medical practitioners 4 • externally commissioned research on Total 165 the attitudes of the public and victims/ survivors to sentencing sexual offenders (carried out by Natcen Social Research • externally commissioned research on sex and published March 2012); offender treatment programmes (May 2012); • content analysis of a number of • content analysis of a number of sentencing sentencing transcripts for cases transcripts involving adult rape cases involving rape of a child under 13 (November 2012); (March/April 2012); • qualitative research with judges during the • qualitative research to explore consultation which assisted the Council judicial views on an early draft of in assessing the resource implications revised guidelines and to identify associated with the guidelines (January to any behavioural implications of the April 2013). proposals (April/May 2012); 6 Sexual Offences Response to Consultation Overarching themes “It is clear from the literature that more work Answers to specific questions are set out and needs to be done to address the current analysed in subsequent chapters, but there cultural and social attitudes which exist towards were some themes that pervaded a number of victims of rape and the impact it has on them responses. and their families. Particularly there needs to be increased awareness of the stereotypes Myths around sexual offending surrounding rape which still permeate the A number of responses highlighted the fact that public viewpoint.
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