S47. Paying for sexual services of a child
Date Updated: January 2012
Title: Sexual Offences
Offence: Paying for sexual services of a child
Legislation: Sexual Offences Act 2003 - S47
Commencement date: 1/05/2004
Mode of Trial: Indictable only if penetration involved - other cases either way
Statutory Limitations & Maximum Penalty:
- If penetration involved where child is under 13 - life (indictable only)
- If child is aged 13 - 15 and penetration involved 14 years (Indictable only)
- 14 years for cases not involving penetration where child aged 13 - 15 (either way)
- 7 years where child aged 16 or 17. (either way)
- 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. Within any indeterminate sentence, the minimum term will generally be half the appropriate determinate sentence. The starting points will be relevant, therefore, to the process of fixing any minimum term that may be necessary.
The starting points for sentencing for the offence of 'paying for sexual services of a child', where the victim is aged 13 or over but under 16, are higher than those for the offence of 'sexual activity with a child', to reflect the fact that the victim has been commercially exploited.
Starting points for victims aged 16 or 17 are lower than the equivalent starting points for victims aged 13 to 15, in line with the difference in the maximum penalty, to reflect the fact that the victim is above the legal age of consent.
The starting points where the victim is aged 13 or over but under 16 are higher than those for the offence of 'sexual activity with a child', to reflect the fact that the victim has been commercially exploited.
The starting points for sentencing for the offence of 'paying for sexual services of a child' where the victim is under 13 are higher than those for the specific 'under 13' offences covering the same type of sexual activity, to reflect the fact that the victim has been commercially exploited.
The offence of 'paying for sexual services of a child' includes higher maximum penalties to cater for those (albeit rare) cases where the age of the victim is only established during the course of a trial. The same principle has been applied to the starting points for sentencing.
Aggravating & Mitigating Factors
Aggravating
- Use of drugs, alcohol or other substance to facilitate the offence
- Abduction or detention
- Threats to prevent the victim reporting the activity
- Threats to disclose victim's activity to friends or relatives
- Offender aware that he or she is suffering from a sexually transmitted infection
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.
Type/nature of activity: History of Paying for penetrative sex with children under 18
Starting Points: If the victim is under 13, the offence of 'rape of a child under 13' or 'assault of a child under 13 by penetration' would normally be charged. Any commercial element to the offence and any history of repeat offending would be aggravating factors. However if this offence is charged - 15 Years Custody
Sentencing ranges: 13 - 19 years custody
Starting Points: 7 years custody if the victim is 13 or over but under 16
Sentencing ranges: 5- 10 years custody
Starting Points: 3 years custody if the victim is aged 16 or 17
Sentencing ranges: 2- 5 years custody
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: If the victim is under 13, the offence of 'rape of a child under 13' or 'assault of a child under 13 by penetration' would normally be charged. Any commercial element to the offence and any history of repeat offending would be aggravating factors. However if this offence is charged - 12 Years Custody
Sentencing ranges: 10 - 16 years custody
Starting Points: 5 years custody if the victim is 13 or over but under 16
Sentencing ranges: 4 - 8 years custody
Starting Points: 2 years custody if the victim is aged 16 or 17
Sentencing ranges: 1 - 4 years custody
Type/nature of activity: Sexual touching falling short of penetration
Starting Points: If the victim is under 13, the offence of 'rape of a child under 13' or 'assault of a child under 13 by penetration' would normally be charged. Any commercial element to the offence and any history of repeat offending would be aggravating factors. However if this offence is charged - 5 Years Custody
Sentencing ranges: 4 - 8 years custody
Starting Points: 4 years custody if the victim is 13 or over but under 16
Sentencing ranges: 3 - 7 years custody
Starting Points: 12 months custody if the victim is aged 16 or 17
Sentencing ranges: 26 weeks - 2 years custody
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.
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