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Council Recommends Changing the ‘No Defence’ Age for Sex Offences Against Children

The Sentencing Advisory Council today released a report that recommends raising the ‘no defence’ age for the offence of sexual penetration with a child under 16. A maximum penalty of 25 years currently applies to sexual penetration offences against children aged under 10 but the Council recommends changing this to include children aged under 12.

The recommendation would result in the following offence structure:

• where the child is under 12 – a maximum penalty of 25 years imprisonment;
• where the child is aged between 12 and 16 and under the care, supervision or authority of the accused – a maximum penalty of 15 years imprisonment; and
• where the child is aged between 12 and 16 – a maximum penalty of 10 years imprisonment.

The Council also comments on current sentencing practices for these offences and the perceived leniency of many current sentences. It suggests that the Court of Appeal is well placed to review sentencing practices for this offence.

The Maximum Penalties for Sexual Penetration with a Child under 16 Report is available for download from our website.