Closed petition Increase minimum and maximum sentences for all sexual offences
I believe that the current sentence for people who have committed rape, who have groomed people or those who have sexually assaulted another member of the public is not long enough, and victims of these crimes deserve to get their justice.
More details
A lot victims of these crimes do not come forward as they do not believe that the time that their offenders will receive is long enough, and I would like to bring this up as something that should be changed. Sexual assault, child sexual abuse, grooming and rape does not receive sufficient sentences, where as other offences with less significant harm to others does. I strongly believe that people who are victims of these above stated offences do not get the justice that they receive.
This petition is closed All petitions run for 6 months
Government responded
This response was given on 2 November 2021
We are committed to keeping people safe from all forms of sexual violence. Those found guilty of these horrendous crimes should receive sentences which reflect the seriousness of these offences.
Read the response in full
The key legislation against sexual offending is the Sexual Offences Act 2003.
The 2003 Act, which came into effect in May 2004, significantly modernised and strengthened the laws on sexual offences in England and Wales to provide extra protection from sexual abuse and sexual exploitation in all its forms.
The 2003 Act provides a wide range of offences to cover this offending along with rightly robust sentence levels. The penalties available to the courts for offences under the 2003 Act are already significant, and sentences reflect the seriousness of the offending.
For example, the maximum penalty for rape is life imprisonment. In certain circumstances, where offenders are convicted of a repeat serious sexual offence, including rape, the law provides a minimum sentence of life imprisonment. In 2020 the average custodial sentence given to adult offenders for all rape offences was just over 10 years. Other sexual offences also carry high maximum penalties, with life imprisonment for the most serious offences, including many against children.
Sentencing is entirely a matter for our independent courts, taking into account all the circumstances of each individual case. We have seen an overall increase of 13% in the average custodial sentence length (ACSL) handed down for sexual offences between 2010 and 2020. For example, the ACSL given to adult offenders for rape offences where the victim was 13 or over has increased by 19 months over the last decade.
The ACSL for rape of a child under 13 has increased from 105.3 months in 2010 to 135.7 months in 2020, with the ACSL for sexual assault of a child under 13 by penetration increasing by 9 months across the same period.
Last year we passed legislation to ensure that serious sexual and violent offenders receiving a standard determinate sentence (SDS) of over seven years serve two thirds of their sentence in custody, instead of half. The Police, Crime, Sentencing and Courts Bill will extend this change to a further cohort of offenders so that those sentenced to an SDS between 4 and 7 years for certain offences involving sexual or physical violence (where that offence attracts a maximum penalty of life), including rape, will serve two thirds of their sentence in custody.
The Government keeps all criminal penalties under review, and we are determined to improve how the criminal justice system handles sexual violence.
The Government recognises that over the last five years, there has been a significant decline in the number of charges and prosecutions for rape cases and, as a result, fewer convictions. On 18 June the Government published its End-to-end Rape Review Report and Action Plan seeking to improve the way these cases are dealt with. The ambitious plan includes clear actions for the police, prosecutors and courts – to roll out a new approach to investigations, reduce the number of victims withdrawing from the process, increase the volumes of trials being heard, protect the public and put more rapists behind bars. Crucially, it aims to return the volumes of cases being referred by the police, charged by the Crown Prosecution Service (CPS) and going to court, to at least 2016 levels – when the decline in prosecutions began to appear. Each part of the criminal justice system will also be held to better account, with performance scorecards – on key metrics such as timeliness and victim engagement – being published every 6 months for the first time.
We have published a new Victims’ Code setting out 12 key rights for all victims of crime. A revised Victims' Code gives victims of crime better support from the police, courts and criminal justice agencies. We are determined to build back confidence in our criminal justice system and the Victims’ Code is the result of two years of work to ensure we have a clear framework on how to support victims.
This Government cares deeply about improving the support for victims of crime, so that they can recover and confidently seek justice through the criminal justice system.
Our landmark ‘Victims’ Law’ will do this. It will guarantee victims' rights and the level of support they can expect.
We will consult on the Bill in due course.
Ministry of Justice
This is a revised response. The Petitions Committee requested a response which more directly addressed the request of the petition. You can find the original response towards the bottom of the petition page (https://petition.parliament.uk/petitions/577443)
Related activity
MPs investigate violence against women and girls
The House of Commons Home Affairs Committee are looking at how violence against women and girls is being addressed, and are specifically exploring the investigation and prosecution of rape.
We're messaging you to let you know about this because you signed a petition about sentences for sexual offences.
Read about the Home Affairs Committee's overarching inquiry into violence against women and girls: https://committees.parliament.uk/work/1159/violence-against-women-and-girls/
Find out more about their work into the investigation and prosecution of rape: https://committees.parliament.uk/work/1160/investigation-and-prosecution-of-rape/
Last week the Committee held the first evidence session of its inquiry into violence against women, where it heard from experts who are working to inform government at the national and local level, and from domestic abuse charities.
Find out more about this session: https://committees.parliament.uk/committee/83/home-affairs-committee/news/155731/committee-takes-evidence-from-domestic-abuse-commissioner-refuge-and-centre-for-womens-justice-on-vawg/
Read a transcript of the session: https://committees.parliament.uk/oralevidence/2320/pdf/
Follow the Committee on Twitter for updates on its work: @CommonsHomeAffs
What is the Home Affairs Committee?
The Home Affairs Committee is a cross-party group of MPs known as a 'select committee' which scrutinises the policy, administration and spending of the Home Office. The Committee is independent of the Government.
Find out more about the Committee:
https://committees.parliament.uk/committee/83/home-affairs-committee/
Find out how select committees work:
https://www.youtube.com/watch?v=o_2RDuDs44c
Petitions Committee write to the Government about overdue revised response to this petition
The Petitions Committee, the group of MPs who consider e-petitions, have written to the Lord Chancellor and Secretary of State for Justice, Robert Buckland QC MP, regarding the overdue revised Government response to this e-petition.
Government departments are meant to submit a response, including a revised response, within 21 days. A revised response to this petition was first requested by the Committee on 22 June, but the Government has not responded.
Because this revised response to this petition is now several weeks overdue, the Committee has written to the Government asking them to explain the delay, and to provide their revised response to this petition.
Read the Committee's letter: https://committees.parliament.uk/publications/7309/documents/76519/default/
In the letter, the Petitions Committee highlight how important it is that Government departments provide a prompt response that directly addresses the request of a petition, when this receives over 10,000 signatures. The letter asks the Minister to provide a revised response to the petition and an explanation of the delay by Thursday 23 September.
The Government's explanation for the delay, and their revised response, will be shared with petitioners by email and on the Committee's website.
Original Government response
We are committed to keeping people safe from all forms of sexual violence. Those found guilty of these horrendous crimes should receive sentences which reflect the seriousness of these offences.
The maximum penalty for rape is life imprisonment. In certain circumstances, where offenders are convicted of a repeat serious sexual offence, including rape, the law provides a minimum sentence of life imprisonment. In 2020 the average custodial sentence given to adult offenders for all rape offences was just over 10 years. Other sexual offences also carry high maximum penalties, with life imprisonment for other serious offences, including many against children.
Sentencing is entirely a matter for our independent courts, taking into account all the circumstances of each individual case. We have seen an overall increase of 13% in the average custodial sentence length (ACSL) handed down for sexual offences between 2010 and 2020. For example, the ACSL given to adult offenders for rape offences where the victim was 13 or over has increased by 19 months over the last decade.
The ACSL for rape of a child under 13 has increased from 105.3 months in 2010 to 135.7 months in 2020, with the ACSL for sexual assault of a child under 13 by penetration increasing by 9 months across the same period.
Last year we passed legislation to ensure that serious sexual and violent offenders receiving a standard determinate sentence (SDS) of over seven years serve two thirds of their sentence in custody, instead of half. The Police, Crime, Sentencing and Courts Bill will extend this change to a further cohort of offenders so that those sentenced to an SDS between 4 and 7 years for certain offences involving sexual or physical violence (where that offence attracts a maximum penalty of life), including rape, will serve two thirds of their sentence in custody.
The government keeps all criminal penalties under review, and we are determined to improve how the criminal justice system handles sexual violence.
We are taking action to improve outcomes for rape cases through our robust, end-to-end review of the criminal justice response to rape (the Rape Review). We commissioned this review in March 2019 to look at evidence from across the system – from reporting to the police to outcomes in court - in order to understand what is happening in cases of adult rape and serious sexual offences being charged, prosecuted and convicted in England and Wales. The review will be published later this year.
We have published a new Victims’ Code setting out 12 key rights for all victims of crime. But we know we must do more to ensure that these rights are properly delivered and that victims get the support they need.
The Victims’ Bill is an opportunity to transform the victim experience of the criminal justice system and beyond. The draft Bill will set expectations for the standard and availability of victim support.
We will consult on the Victims Bill later this year, following which the Government will publish a draft bill for pre-legislative scrutiny.
Ministry of Justice
This response was given on 15 June 2021. The Petitions Committee then requested a revised response, that more directly addressed the request of the petition.