News

Services
People
News and Events
Other
Blogs

How Long Is a Rape Sentence in the UK?

  • Posted

Rape allegations are incredibly serious, and, as you might expect, the penalties for rape can be severe.

Given the nature of the offence in question, prison sentences are an inevitability, but the exact length of the sentence and any other relevant penalties are likely to be determined by various factors - both mitigating and aggravating.

Here, we discuss how long rape sentences are in the UK, what could affect the severity of a penalty for rape receives and how the court decides on the punishment if someone is found to be guilty of rape.

What classes as rape in UK law?

The offence of rape is set out in section 1 of the Sexual Offences Act 2003. Rape is defined as an incident where:

  • Someone intentionally penetrates the vagina, anus, or mouth of another person
  • The victim does not provide consent to the penetration
  • The perpetrator does not reasonably believe that the victim consents

One of the key issues that affect whether an action is defined as rape centres around consent. For someone to consent to any form of sexual activity, they must both:

  • Agree by choice to participate in the activity
  • Have the ability and mental capacity to make this choice

It is important to note that, in this context, for consent to be considered valid, the person agreeing to the sexual activity must fully understand what is happening so that they can make an informed choice. So, for example, if a person is drunk or under the influence of drugs, they may not have the mental capacity to make a fully informed decision.

Under Section 75 of the Sexual Offences Act 2003, there are a list of certain presumptions (which can be rebutted) about circumstances in which it is presumed the complainant has not consented to the relevant act.

For example, it is presumed the complainant has not consented if they were subject to a threat of violence or subjected to violence or where the complainant was asleep or otherwise unconscious at the time.

Where the issue is consent, the defendant must adduce sufficient evidence to demonstrate that they reasonable believed the complainant consented.

Section 76 of the Sexual Offences Act states that, where a defendant intentionally deceived the complainant as to the nature or purpose of the act, or the defendant intentionally induced the complainant to consent to the relevant act by impersonating a person known personally to the complainant, then it is conclusively presumed that the complainant did not consent to the relevant act and that the defendant did not believe that the complainant consented to the act.

In the UK, the legal age for sexual activity is 16 years old. This is very important as, according to the law, anyone under 16 is not capable of providing consent – even if they agreed to the activity at the time.

If a victim was under the age of 13 at the time of the alleged offence, then a separate, more serious offence could apply: rape of a child under 13.

What is the average prison sentence for rape?

The first question many people have in relation to rape is: “how long is a rape sentence?”. While it is often difficult to provide an exact timeframe without the relevant details, the average prison sentence for rape is between 4 and 19 years. The exact length of the sentence will likely depend on various factors and the facts of the case itself.

How does the court decide on the sentence for rape?

When determining the penalty for rape, the court will take two factors into consideration: the harm caused to the victim and the culpability of the defendant.

Harm caused to victim

When assessing the potential harm caused to the victim, the courts will refer to various factors, including:

  • Severe psychological or physical harm
  • Pregnancy or STI as a consequence of offence
  • Additional degradation/humiliation
  • Abduction
  • Prolonged detention/sustained incident
  • Violence or threats of violence (beyond that which is inherent in the offence)
  • Forced/uninvited entry into victim’s home
  • Victim is particularly vulnerable due to personal circumstances

The harm caused to the victim will fall into one of three categories:

  • Category 1 – The extreme nature of one or more of the factors listed above, or the extreme impact of a combination of factors
  • Category 2 – Cases that involve at least one of the above factors
  • Category 3 – Cases that involve none of the factors listed above

Culpability of the defendant

The court will take the following factors into consideration when determining how culpable a defendant is:

  • Significant degree of planning
  • Acting together with others to commit the offence
  • Use of alcohol/drugs on the victim to facilitate the offence
  • Abuse of trust
  • Previous violence against the victim
  • Offence committed in course of burglary
  • Recording of the offence
  • Commercial exploitation and/or motivation
  • Offence racially or religiously aggravated
  • Offence motivated by, or demonstrating, hostility to the victim based on his or her sexual orientation (or presumed sexual orientation) or transgender identity (or presumed transgender identity)
  • Offence motivated by, or demonstrating, hostility to the victim based on his or her disability (or presumed disability)

In assessing culpability, a case will be considered as one of two categories:

  • Category A – Where one or more of the above factors are present
  • Category B – Where none of the above factors is present

Once the courts have established the level of harm caused and the culpability of a defendant, they will use these factors to calculate the appropriate penalty for rape.

What are the aggravating factors in a rape sentence?

Once the starting point for sentencing has been established, the courts will also take various aggravating and mitigating factors into consideration before making a final decision on the sentence for rape.

The court will consider several different factors, which may include (but are not limited to):

  • Previous convictions
  • If the alleged offence was committed while on bail
  • Targeting of a vulnerable victim
  • Whether ejaculation took place
  • Blackmail or other threats
  • Location of offence
  • Timing of offence
  • Use of a weapon or other item
  • If the victim felt compelled to leave their home following the alleged offence
  • Failing to comply with court orders
  • Exploiting contact arrangements to commit an offence
  • Presence of others (especially children) at the time of the offence
  • Steps taken to prevent the victim from reporting the offence
  • Attempts to dispose of or conceal evidence
  • If the offence was committed while under the influence of drugs or alcohol

The presence of one or more of these factors is likely to lead to a more severe penalty being handed out for rape.

Are there any mitigating factors in a rape sentence?

On the other hand, there are a number of mitigating factors that could be taken into consideration, reducing the penalty for rape someone may be facing. These could include, but are not limited to:

  • The defendant has no prior convictions or relevant convictions
  • The defendant shows remorse (either at the time of the offence, during a trial, or both)
  • Age and/or a lack of maturity
  • Mental disorders or learning disabilities
  • A defendant was previously of good character

It may also be the case that a sentence for rape can be reduced if the defendant has provided assistance during prosecution proceedings. For example, they may have identified any suspects linked to the crime.

Can a guilty plea act as a mitigating factor?

If someone makes a guilty plea for rape, it is possible for the court to use its power to reduce a defendant’s sentence. However, for the court to make a decision, it will need to consider:

  • The point at which a guilty plea is made
  • The circumstances in which the guilty plea was given

It is important to note that the law does not state how much a court is permitted to reduce a sentence for rape where a guilty plea has been made.

What is the minimum sentence for rape?

There is no statutory minimum sentence for rape. However sentencing guidelines suggest a starting point of four years imprisonment. This is for Category 3 offences, where various categories of harm and offence are not considered to be present.

This minimum sentence for rape is rare, given that many convictions are underlined by some form of culpability or harm.

What is the maximum sentence for rape?

The maximum sentence for rape that someone can receive is life imprisonment. This is unlikely to mean that someone will spend the rest of their life in prison. Rather, someone who is imprisoned for life as a maximum sentence for rape will often spend at least 15 years in prison, with the rest of their life being spent on life licence.

This means that if any other offences are committed, or the terms of the licence are broken in any way, they could be immediately called back to prison.

What other consequences may arise from a rape sentence?

If you are convicted and receive a sentence for rape, there are a number of other potential consequences to consider. These include:

Receiving a criminal record

As can be expected, if you are convicted of rape, you will receive a conviction that forms part of your permanent criminal record. You will be required to declare this during job applications, visa applications and certain housing applications.

DBS checks

When you apply for certain jobs, you may be required to undergo a Disclosure and Barring Service (DBS) check. A rape conviction will show up on this check, which will mean your employer will be aware of your conviction, which could influence their decision to hire you.

Sex Offenders Register

Anyone convicted of rape will be added to the sex offender’s register. This is a list of individuals who have been previously convicted or cautioned in relation to a sexual offence.

If you are added to the Sex Offenders Register, you are legally required to notify the police in your local area within three days of your release from custody with various personal details, such as your home address and identification details (passport, national insurance etc.) Whilst on the Sex Offenders Register, these details need to be confirmed every 12 months.

If you are given a sentence of 30 months or more (which is often the case for rape), you remain on the sex offenders until you are notified of removal. There is no specific time period, which means that you could remain on the Sex Offenders Register permanently.

Should I speak to a solicitor if I’m facing a rape allegation?

Yes, absolutely. If you are arrested on suspicion of rape and are interviewed by the police, it is essential that you know your rights and what may potentially harm your defence.

Many people incorrectly assume that speaking to a solicitor when facing an allegation as serious as rape will signify an admission of guilt. This is not accurate. No matter what your circumstances might be, it is essential that you enlist expert representation, which can make all the difference when it comes to avoiding a charge or minimising penalties where conviction is unavoidable.

Our rape defence solicitors have strong experience in deploying all of the various defence strategies that can be used in relation to allegations of serious sexual offences. We are uniquely placed to build the most effective defence for you from the outset.

Get immediate specialist advice about a rape allegation

For urgent specialist advice, immediate representation, or to speak to us confidentially about allegations of rape or any other type of sexual offence, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

  • City of London – our senior Solicitors and Partners can meet by appointment at one of several locations across the City
  • Brent & Camden London Office: 0207 624 7771
  • Manchester Office: 0161 835 1638
  • Birmingham Office: 0121 614 3333

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.

24/7 legal representation for rape allegations

For immediate representation and advice on dealing with allegations of rape anywhere in England or Wales at any time, please contact our Emergency Number: 07836 577 556.

Comments