New rape sentencing guidelines now in effect

The two new guidelines, which cover offences of rape and rape of a young child under the age of 13, were developed following “extensive stakeholder engagement and research”, culminating in a full public consultation last year.

They were approved at a hearing of the High Court in December and contain sentencing ranges to assist judges with selecting an appropriate sentence, with all options set at long-term custodial sentences.

Sentences for rape range from five years up to 13 years’ imprisonment, while sentences for the rape of a young child range from seven years up to 14 years’ imprisonment. These sentencing ranges are reflective of current sentencing practice as set out by the Appeal Court.

The new guidelines include options for extended sentences (a sentence where an offender is supervised in the community on release from custody) and orders for lifelong restriction (a form of life sentence), and address how non-harassment orders operate.

They also set out some of the factors that can be taken into account around the culpability (the level of blame) of the offender and the harm caused to the victim, including use of threats, an abuse of a position of trust, and psychological harm and trauma.

Chair of the council, the Lord Justice Clerk, Lord Beckett, said: “After extensive evidence-based research, a public consultation and engagement across the justice, government, and charity sectors, I am pleased these guidelines are now in effect.

“Rape offences are among the most serious to come before the courts and can have a devastating impact on victims. Sentencing rape offences is a highly sensitive and complex process and these guidelines will greatly assist judges in determining appropriate and consistent sentences in such cases and improve public understanding of how these decisions are reached.”