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Offences against Children: Prison Sentences

Question for Ministry of Justice

UIN 228446, tabled on 19 March 2015

To ask the Secretary of State for Justice, what assessment his Department has made of (a) changes in the length of prison sentences received by paedophiles since 2010 and (b) the reasons for such changes.

Answered on

25 March 2015

Sexual offences committed against children are abhorrent and the independent courts rightly reflect that when sentencing offenders for such offences.

Overall custodial sentence lengths for sexual offences have increased significantly since 2010. The average custodial sentence for all sexual offences increased from 49 months in 2010 to 59.1 months in 2013. Between 2003 and 2013 the average custodial sentence length rose by 19.1 months. These increases are the result of longer sentences for the most serious sexual offences following the implementation of the Sexual Offences Act 2003 and the creation of Extended Determinate Sentences in 2012.

The most serious sexual offences against children carry a maximum penalty of life imprisonment, including rape, assault by penetration and paying for the sexual services of a child under the age of 13. This Government has taken steps to further strengthen the law by legislating in the Criminal Justice & Courts Act 2015 to end automatic early release for anyone receiving a custodial sentence for rape of a child under 13.

In addition to legislation, in December 2013 the Sentencing Council issued a revised guideline on sentencing for sexual offences, which came into force in England and Wales in April 2014. The guideline makes it clear that the court’s starting-point, when considering a sentence for any serious sex offences against children, is a substantial custodial sentence. The guideline takes an expanded approach to how courts assess offenders and victims.

The figures in the table below have been calculated from a list of statutory sexual offences against children. This includes offences where the victim is described as under 13, under 16, aged 13-17 or aged 16-17. Statistical data on all sexual offences are published annually and are available for the period 2010-2013. Data for 2014 with more detailed offence level data will be published later this year. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/311319/8-outcomes-by-offence.xls
Average custodial sentence length (months) (1) for sexual offences involving children, England and Wales, 2009-2013(2)(3)
20092010201120122013
All sexual offences involving children 46.446.351.452.357.4
17 Sexual assault on male child under 13 31.137.029.632.450.5
19 Rape of a child under 16 120.4121.8122.0126.2129.3
19 Rape of a child under 13 93.798.8106.6108.2132.3
20 Sexual assault on female child under 13 41.542.147.153.854.4
21 Sexual activity with child under 13 28.331.429.833.236.9
22 Sexual activity with child under 16 31.331.232.734.335.7
23 Familial Sexual Offences (Incest) with child (4) 36.938.541.343.550.4
71 Abuse of children through prostitution and pornography (5) 49.324.332.139.535.4
73 Abuse of trust - sexual offences with child (6) 12.017.017.219.015.0
74 Gross Indecency with Children 31.232.732.231.431.1
86 Taking, permitting to be taken or making, distributing or publishing indecent photographs or pseudo photographs of children 13.515.615.816.317.9
86 Possession of indecent photograph of a child 10.811.011.714.513.7
88 Sexual grooming of child under 16 21.017.820.820.522.8
(1) Excludes life and indeterminate sentences.
(2) The figures given in the table on court proceedings relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences it is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.
(3) Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used.
(4) Includes offences where child is under 13, offences where child is aged 13-17 and offences where child is aged 16-17
(5) Includes offences where child is under 13 and offences where child is under 16
(6) Includes offences where victim is under 13 and offences where victim is aged 13-17
Source: Justice Statistics Analytical Services - Ministry of Justice.
Ref: PQc 175-15