Government Response to Draft Sentencing Guidelines on Sexual Offences
30 Apr 2007
In April this year, the Sentencing Guidelines Council (SGC) - an independent body comprising members of the judiciary, police, legal professions and those with substantial experience of promoting the interests of victims - published draft guidelines for judges dealing with cases where offenders are found guilty of offences in the Sexual Offences Act 2003.
Baroness Scotland responded to the draft guideline for the Government on 9th November. Her letter was agreed with the Lord Chancellor and Attorney General and contains a number of detailed requests for changes to the guideline. These relate to the following issues (amongst others):
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The relative culpability of an offender where consensual sexual activity takes place immediately before rape;
The starting points for:
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offenders who commit multiple rape or rape the same victim repeatedly over a period of time;
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sexual assault of a child under 13;
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where 17 year old shows pornography to a 15 year old;
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Various perceived inconsistencies in starting points and aggravating factors;
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Ostensible consent where the child is under 13;
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Factors to take into consideration in relation to indecent photographs.
The SGC is also publishing its final guideline today and it is available on the guidelines website: www.sentencing -guidelines.gov.uk. Some but not all of the changes suggested by the Government have been accepted by the Council.