Statutory rape is an ugly subject that most people understand from a non-legal-specific perspective. In most contexts, it refers to sexual activity between an adult and a minor, but relatively few people are aware of how statutory rape is actually defined and dealt with in the English legal system.
Statutory rape is an incredibly serious offence, and it’s important that you’re fully aware of the details should you be involved in a case. Below, we go through the legal definition, and how someone might be charged and sentenced as a first-time offender.
Should you be personally involved in a case, as an offender, victim, or the legal guardian of someone involved, it’s imperative that you also seek legal advice from a criminal defence solicitor. These offences can have incredibly serious legal ramifications, and it’s imperative that you are fully aware of what steps to take going forward.
What is statutory rape?
Statutory rape is a somewhat colloquial term that refers to sexual activity between an adult and a child, where the child is not old enough to legally consent to that sexual activity. As a result, the sexual activity is legally considered rape.
The law distinguishes between cases where the child is under 13 years old, and where the child is over 13 years old but under 16 years of age.
Where the child is under 13
The former offence is dealt with under Section 5 of the Sexual Offences Act 2003. According to the act, someone is guilty of the rape of a child under 13 if he intentionally penetrates the vagina, anus or mouth of another person with his penis, and that person is under the age of 13.
If the penetration is carried out with anything other than a penis, it comes under Section 6 of the act, defined as assault of a child under 13 by penetration.
Where the child is over 13 but under 16
Where the offender is over the age of 18, and the victim is between 13 and 16 years of age, the offence is instead dealt with under Section 9 of the act, and defined as sexual activity with a child.
In these cases, the maximum sentence is slightly lower (as we shall see), but it is still often tried on indictment, and will only be heard in the most serious courts.
The age of consent
What is critical in these cases is that a child is not able to consent. As a result, it does not matter if the child agreed to the sexual activity; it is still considered a criminal offence.
Example of statutory rape
An example of statutory rape would essentially consist of any situation in which an adult engages in an activity involving sexual penetration of a minor.
If the child is under the age of 13, it does not matter how old the adult believes they are. If the child is between 13 and 16 years of age, then it’s legally possible that they could have believed they were 16 or older, and thus able to consent, as we shall explore further on.
The sentencing guidelines for a first offence
According to the sentencing guidelines, someone found guilty of the rape of a child under Section 6 of the Sexual Offences Act 2003 (commonly known as statutory rape) could face a maximum sentence of life imprisonment, with an offence range of between 6 and 19 years in prison.
If found guilty of sexual activity with a child (where the child is between 13 and 16 years of age) under Section 9, then the maximum sentence is 14 years in prison, with an offence range of between a community order and 10 years in prison.
Impacting factors
There are a range of factors that will influence how the offender is sentenced. Often, these factors will be used to assess both harm and culpability.
Harm
Where the case involves additional degradation or humiliation, abduction, violence, extreme youth, or results in severe psychological harm, and these factors are either extreme in nature or combined, it will be considered a highly harmful offence, and be sentenced accordingly.
If just a few of these factors are present, and they are not extreme in nature, it will be considered a mediumly harmful offence.
Where none of these factors are present, and other harms are minimal, it will be placed in a bracket of lesser harm.
Culpability
Where the offence involves significant planning, the use of alcohol or drugs, grooming behaviour, or the abuse of trust, the offender will likely be considered highly culpable, and sentenced more seriously as a result.
In cases that do not involve these, or other aggravating factors, they will possibly be considered less culpable, and sentenced less seriously.
First time offence
Having no relevant or previous convictions can be considered a mitigating factor in these cases, and it might result in a lower sentence. Having prior convictions will, however, likely result in an upward adjustment.
Whether or not it’s a first time offence will be just one of many other factors that influence how the court deals with the case, and it will not necessarily have a notable impact on how the sentencing proceeds.
Harm and culpability will often be more relevant than prior convictions, as will any other aggravating factors.
Statutory rape is clearly an incredibly serious criminal offence to be charged with, whether as a first time offence or not. It is imperative that you seek legal counsel, to better understand the situation you are in and take the right steps going forward.
Call our team now on 0161 234 0020 (Manchester) /0203 053 8625 (London) / 07956 555979 (24 hour) for assistance. You can also contact our team at Ashcott Solicitors via our contact form. We will respond to you as soon as possible.
