S10. Causing or inciting a child to engage in sexual activity
Date Updated: January 2012
Title: Sexual offences
Offence: Causing or inciting a child to engage in sexual activity (Adult only)
Legislation: Sexual Offences Act 2003 S10
Commencement Date: 01/05/2004
Mode of Trial: Penetration - Indictable only
Non-Penetration - Either Way
Statutory Limitations & Maximum Penalty: Penetration - 14 years imprisonment
Non-Penetration - On Indictment -14 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
- Offender ejaculated or caused victim to ejaculate
- Threats to prevent victim reporting the incident
- Offender aware that he or she is suffering from a sexually transmitted infection
Mitigating
- Offender intervenes to prevent incited offence from taking place
- Small disparity in age between the offender and the victim
Relevant Sentencing Council Guideline (if any)
- Guidelines effective for offences sentenced on or after the 14th May 2007.
- The starting points are for an adult 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 likely to lie within a very wide bracket, 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)
Type/nature of activity: Penile penetration of the vagina, anus or mouth or penetration of the vagina or anus with another body part or an object
Starting points: 4 years custody
Sentencing ranges: 3 - 7 years custody
Type/nature of activity: Contact between naked genitalia of offender and naked genitalia or another part of victim's body, particularly face or mouth
Starting points: 2 years custody
Sentencing ranges: 1 - 4 years custody
Type/nature of activity: Contact between naked genitalia of offender or victim and clothed genitalia of victim or offender or contact with naked genitalia of victim by offender using part of his or her body other than the genitalia or an object
Starting points: 12 months custody
Sentencing ranges: 26 weeks - 2 years custody
Type/nature of activity: Contact between part of offender's body (other than the genitalia) with part of the victim's body (other than the genitalia)
Starting points: Community order
Sentencing ranges: An appropriate non-custodial sentence
'Non-custodial sentence' in this context suggests a community order 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 precluded 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
R v B [2010] EWCA Crim 315 D aged 54 from Bangladesh arranged a marriage for her 15 year old daughter to a man in his thirties. The PSR indicated D was unaware of any wrong doing. A Newton hearing was held and the Judge concluded D was not ignorant of the age of consent. The Judge also held she used the marriage as a way to control her daughter and that he was sentencing just for the sexual activity that followed the marriage. The basis of plea was that D was concerned about V seeing a boy and explored an arranged marriage and V decided to marry and was keen to do so. HELD: The law in this area is for the protection of children from all cultural backgrounds 8 months was not wrong.
Ancillary Orders:
- Notification (S83 to 96 Sexual Offences Act 2003)
- Sexual Offences Prevention Order (S104 Sexual Offences Act 2003)
- Where the defendant is aged 18 or over he or she is automatically barred from engaging in regulated activity with children and with vulnerable adults. (Safeguarding Vulnerable Groups Act 2006).
Consider Also:
- Dangerous Offender provisions apply. Sentences for public protection must be considered.
