The seriousness of the violation may depend on a number of factors, but the nature of the sexual behaviour will be the primary indicator of the degree of harm caused in the first instance. The extreme youth or old age of a victim should be an aggravating factor.
In addition, in principle, the younger the child and the greater the age gap between the offender and the victim, the higher the sentence should be. However, the youth and immaturity of the offender must also be taken into account in each case. All the non-consensual offences involve a high level of culpability on the part of the offender, since that person will have acted either deliberately without the victim's consent or without giving due consideration to whether the victim was able to or did, in fact, consent. The planning of an offence indicates a higher level of culpability than an opportunistic or impulsive offence
Type/nature of activity: Repeated rape of same victim over a course of time or rape involving multiple victims•Starting points:
•15 years custody
•Sentencing ranges:
•13-19 years custody
•Type/nature of activity:
•Rape accompanied by any one of the following:
•abduction or detention;
•offender aware that he is suffering from a sexually transmitted infection;
more than one offender acting together;
•abuse of trust;
•offence motivated by prejudice (race, religion, sexual orientation, physical disability);
•sustained attack
•Starting points:
•13 years custody if the victim is under 13
•10 years custody if the victim is a child aged 13 or over but under 16
•8 years custody if the victim is 16 or over
•Sentencing ranges:
•11-17 years custody
•8-13 years custody
•6-11 years custody
•Type/nature of activity:
•Single offence of rape by single offender
•Starting points:
10 years custody if the victim is under 13
8 years custody if the victim is 13 or over but under 16
5 years custody if the victim is 16 or over
Sentencing ranges:
8-13 years custody
6-11 years custody
4-8 years custody
