S10 and 13. Causing or inciting a child to engage in sexual activity - youth
Date Updated: January 2012
Title: Sexual offences
Offence: Causing or inciting a child to engage in sexual activity (Youth only)
Legislation: Sexual Offences Act 2003 S10 & S13
Commencement Date: 01/05/2004
Mode of Trial: Grave Crime (Section 139 & Para. 43 Schedule 6 Sexual Offences Act 2003)
Statutory Limitations & Maximum Penalty: On Indictment -5 years imprisonment
Summary Conviction - 6 months imprisonment and/or statutory maximum fine
Culpability & Harm
The sentences for public protection must be considered in all cases. They are designed to ensure that sexual offenders are not released into the community if they present a significant risk of serious harm.
The culpability of the offender will be the primary indicator of offence seriousness, and the nature of the sexual activity will provide a guide as to the seriousness of the harm caused to the victim. Other factors will include:
- the age and degree of vulnerability of the victim - as a general indication, the younger the child, the more vulnerable he or she is likely to be, although older children may also suffer serious and long-term psychological damage as a result of sexual abuse;
- the age gap between the child and the offender;
- the youth and immaturity of the offender; and
- except where it is inherent in an offence, any breach of trust arising from a family relationship between the child and the offender, or from the offender's professional or other responsibility for the child's welfare, will make an offence more serious.
Aggravating & Mitigating Factors
Aggravating
- Background of intimidation or coercion
- Use of drugs, alcohol or other substance to facilitate the offence
- Threats to prevent victim reporting the incident
- Abduction or detention
- Offender aware that he or she is suffering from a sexually transmitted infection
Mitigating
- Relationship of genuine affection
- Offender intervenes to prevent incited offence from taking place
- Youth and immaturity of offender
Relevant Sentencing Council Guideline (if any)
- Guidelines effective for offences sentenced on or after the 14th May 2007.
- The starting points are for an offender of previous good character who was convicted after trial.
- The same starting points apply whether the activity was caused or incited. Where an offence was incited but did not take place as a result of the voluntary intervention of the offender, that is likely to reduce the severity of the sentence imposed.
"... no precise guidance can be given. The appropriate sentence is likeley to lie within a very wide braket, depending on all the circumstances of the particular offence. There will be very few cases in which immediate custody is not called for, even in relation to a young offender because the purpose of the legislation is to protect children under 13 from themselves, as well as from others minded to prey on them.
The sentence for S9 and S10 offences is likely to be less where the victim is under 16 rather than under 13" (per Rose LJ in R v Corran and others [2005] 2 Cr.App.R.(S) 73).
The principal aim for all involved in the youth justice system is to prevent offending by children and young persons.
A court imposing sentence on a youth must have regard to the welfare, 4 maturity, sexual development and intelligence of the youth. These are always important factors.
Where a young offender pleads guilty to one of these offences and it is the first offence of which they are convicted, a youth court may impose an absolute discharge, a mental health disposal, a custodial sentence, or make a referral order.
The starting points below are based upon a first-time offender aged 17 years old who pleaded not guilty. For younger offenders, sentencers should consider whether a lower starting point is justified in recognition of the offender's age or immaturity.
Type/nature of activity: Offence involving penetration where one or more aggravating factors exist or where there is a substantial age gap between the parties
Starting points: Detention and Training Order 12 months
Sentencing ranges: Detention and Training Order 6 - 24 months
Type/nature of activity: Any form of sexual activity (non-penetrative or penetrative) not involving any aggravating factors
Starting points: Community order
Sentencing ranges: An appropriate non-custodial sentence
'Non-custodial sentence' in this context suggests a youth community order (as defined in the Criminal Justice Act 2003, section 147(2)) or a fine. In most instances, an offence will have crossed the threshold for a community order. However, in accordance with normal sentencing practice, a court is not precluding from imposing a financial penalty where that is determined to be the appropriate sentence.
Relevant Sentencing Case Law
R v Corran and others [2005] 2 Cr.App.R.(S) 73
Ancillary Orders:
- Notification (S83 to 96 Sexual Offences Act 2003)
- Sexual Offences Prevention Order (S104 Sexual Offences Act 2003)
Consider Also:
- Dangerous Offender provisions apply. Sentences for public protection must be considered.
