Punishment and Sentencing for Sexual Assault

This post is a part of our guide series to support anyone who may have been sexually assaulted or has questions around the topic:

What is Sexual Assault? Definitions & Meanings of Rape
Who Commits Sexual Assault & Why?
What are the Signs of Sexual Assault?
Date Rape & Staying Safe
What Impacts Does Sexual Assault Have on Victims and Their Family/Friends?
Coping, Healing & Recovering From Sexual Assault & Rape
How to Help Someone Who has Been a Victim of Sexual Assault
How to report Sexual Assault (and Who to Report it to)
How is Sexual Assault & Rape Proven in Court?
Punishment and Sentencing for Sexual Assault
How can Sexual Assault and Rape be Prevented?
Sexual Assault Data & Statistics
Sexual Assault Helplines, Support & Further Reading

Sexual assault crimes can leave victims traumatised both physically and mentally, most victims are often too scared to come forward. Victims, including their family and friends, may be unsure of how the criminal justice works in these matters. In this guide we will discuss the punishment and sentencing for this horrendous crime, helping victims to understand the penalties and repercussions for the offender.

What are the punishments for rape and sexual assault in the UK?

Sexual assault and rape are amongst some of the serious crimes and often carry long prison sentences. Adult sexual offences can carry a maximum sentence of life imprisonment, sentencing will depend on the circumstances of the case and the type of offence committed. The offender can face other penalties too

For sexual offences involving adults, the sentencing for some of the offences includes;

  • Rape- maximum prison sentence is life imprisonment
  • Assault by penetration- maximum sentence is life imprisonment
  • Sexual assault- maximum 10-year prison sentence

There are several factors which are taken into account when deciding a sentence for a sexual offence, these will vary depending on the circumstances of the case. Many people are of the view that the minimum and maximum sentencing for sexual offenders should be increased to reflect the seriousness of the crime and that victims deserve better justice.

What are the maximum and minimum sentences for rape and sexual assault?

Sentencing for sexual assault can range from Community Orders to a maximum of 10 years in custody. The courts consider the seriousness of the offence upon sentencing, this includes the harm caused to the victim and is normally broken down into categories;

  • Category 1- this is for crimes of a violent nature directed towards the victim
  • Category 2– this is where the victim was vulnerable or manipulated by the offender
  • Category 3– this covers types of sexual assault not covered by categories 1 and 2 and is treated as the least serious.

In addition to the category of harm, the courts will also consider the ‘Culpability’ the offender falls into. This would consider things like whether the offender used drugs or alcohol on the victim, whether the assault was racially or religiously aggravated or it was hostility based on the victim’s disability.

The maximum sentence for rape is life imprisonment, however, defendants will usually spend 15 years in custody and the remainder of their lives are spent within the community on a licence. If the offender commits a further offence or breaks the terms of the licence then they could be recalled to prison. Sentencing for rape is considered in the same way as sexual assault, the harm caused to the victim (categories) and the defendant’s culpability. In cases where there are no factors that heighten the harm caused to the victim or the culpability, then the starting point for sentencing would be 4 years.

How long do rapists tend to spend in prison? Is early release a possibility?

The average prison sentence for rape is between 4 and 19 years, however, the length of the sentence is divided between time spent inside prison and the community on licence. This means a defendant will not spend the whole of their sentence in prison, normally half of the sentence is spent in custody. This is not the case for serious sex offenders and those considered as a risk to the public, the new changes proposed in the Sentencing and Courts Act 2022 ensure that they serve a longer time in custody. Under this Act, certain offenders who receive a Standard Determinate Sentence of 7 years or more, including rapists can only be released after having served two-thirds of their custodial term (as opposed to halfway).

The Act also proposes a new power to prevent the automatic early release of offenders who are serving a Standard Determinate Sentence and have become a risk to the public. This would mean the case will be referred to the Parole Board to access whether it is necessary to keep the offender in prison for the protection of the public.

Are there any other punishments that are used instead of (or alongside) prison time?

If a defendant has been convicted with a sentence of 30 months or more, they will remain on the Sex Offender’s Register indefinitely. If the sentence is between 6- 30 months then they will remain on the register for 10 years. The Sex Offenders Register contains details of offenders who have been cautioned, convicted or released from prison for a sexual offence against both children and adults since 1997. Under the Sex Offenders Act 2003, all convicted sex offenders must register with the police, in person within 3 days of their conviction or release from prison. Failure to register could result in a 5-year prison sentence.

The police or courts may be able to apply for a Sexual Harm Prevention Order (SHPO), this is normally requested when there are significant concerns regarding the offender. An SHPO can be used to prevent the offender from engaging in certain activities, for example not having unsupervised contact with children under the age of 18. The police are also able to conduct regular visits at the offender’s home to ensure they are complying with the order.

We understand how difficult it is to see someone you know or love experiencing abuse, sometimes trying to help a victim is not easy. It’s important to remember that you are not alone and the first step that you should take is to talk to someone. No one should have to deal with abuse alone.

Here at the Criminal Injuries Helpline, we help victims of violent crime and abuse recover compensation. You may want to help the victim gain some justice, get in touch with us today to see if the victim would qualify

Request a Call Back

No win no fee = no risk to you. Complete this simple form to speak to an expert in confidence.

    Was it reported to the police? *