Increase minimum and maximum sentences for all sexual offences

I believe that the current sentence for people who have committed rape, who have groomed people or those who have sexually assaulted another member of the public is not long enough, and victims of these crimes deserve to get their justice.

A lot victims of these crimes do not come forward as they do not believe that the time that their offenders will receive is long enough, and I would like to bring this up as something that should be changed. Sexual assault, child sexual abuse, grooming and rape does not receive sufficient sentences, where as other offences with less significant harm to others does. I strongly believe that people who are victims of these above stated offences do not get the justice that they receive.

The key legislation against sexual offending is the Sexual Offences Act 2003.

The 2003 Act, which came into effect in May 2004, significantly modernised and strengthened the laws on sexual offences in England and Wales to provide extra protection from sexual abuse and sexual exploitation in all its forms.

The 2003 Act provides a wide range of offences to cover this offending along with rightly robust sentence levels. The penalties available to the courts for offences under the 2003 Act are already significant, and sentences reflect the seriousness of the offending.

For example, the maximum penalty for rape is life imprisonment. In certain circumstances, where offenders are convicted of a repeat serious sexual offence, including rape, the law provides a minimum sentence of life imprisonment. In 2020 the average custodial sentence given to adult offenders for all rape offences was just over 10 years. Other sexual offences also carry high maximum penalties, with life imprisonment for the most serious offences, including many against children.

Sentencing is entirely a matter for our independent courts, taking into account all the circumstances of each individual case. We have seen an overall increase of 13% in the average custodial sentence length (ACSL) handed down for sexual offences between 2010 and 2020. For example, the ACSL given to adult offenders for rape offences where the victim was 13 or over has increased by 19 months over the last decade.

The ACSL for rape of a child under 13 has increased from 105.3 months in 2010 to 135.7 months in 2020, with the ACSL for sexual assault of a child under 13 by penetration increasing by 9 months across the same period.

Last year we passed legislation to ensure that serious sexual and violent offenders receiving a standard determinate sentence (SDS) of over seven years serve two thirds of their sentence in custody, instead of half. The Police, Crime, Sentencing and Courts Bill will extend this change to a further cohort of offenders so that those sentenced to an SDS between 4 and 7 years for certain offences involving sexual or physical violence (where that offence attracts a maximum penalty of life), including rape, will serve two thirds of their sentence in custody.

The Government keeps all criminal penalties under review, and we are determined to improve how the criminal justice system handles sexual violence.

The Government recognises that over the last five years, there has been a significant decline in the number of charges and prosecutions for rape cases and, as a result, fewer convictions. On 18 June the Government published its End-to-end Rape Review Report and Action Plan seeking to improve the way these cases are dealt with. The ambitious plan includes clear actions for the police, prosecutors and courts – to roll out a new approach to investigations, reduce the number of victims withdrawing from the process, increase the volumes of trials being heard, protect the public and put more rapists behind bars. Crucially, it aims to return the volumes of cases being referred by the police, charged by the Crown Prosecution Service (CPS) and going to court, to at least 2016 levels – when the decline in prosecutions began to appear. Each part of the criminal justice system will also be held to better account, with performance scorecards – on key metrics such as timeliness and victim engagement – being published every 6 months for the first time.

We have published a new Victims’ Code setting out 12 key rights for all victims of crime. A revised Victims' Code gives victims of crime better support from the police, courts and criminal justice agencies. We are determined to build back confidence in our criminal justice system and the Victims’ Code is the result of two years of work to ensure we have a clear framework on how to support victims.

This Government cares deeply about improving the support for victims of crime, so that they can recover and confidently seek justice through the criminal justice system.

Our landmark ‘Victims’ Law’ will do this. It will guarantee victims' rights and the level of support they can expect.

We will consult on the Bill in due course.

Ministry of Justice

This is a revised response. The Petitions Committee requested a response which more directly addressed the request of the petition. You can find the original response towards the bottom of the petition page (https://petition.parliament.uk/petitions/577443)