Sentence for Rape Explained

Once the court have established the category of harm caused, and the culpability they will then place the offence into the appropriate bracket, which provides the judge with a sentencing starting point and range.

When the sentencing starting point is established, mitigating and aggravating features that apply to the accused and the case will move  the sentence up and down the range accordingly. The lists below are none exhaustive, and even if there is a mitigating factor which does not feature on the list, the court are still likely to take it into consideration.

Aggravating factors

• Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction
• Offence committed whilst on bail
• Specific targeting of a particularly vulnerable victim
• Ejaculation (where not taken into account at step one)
• Blackmail or other threats made (where not taken into account at step one)
• Location of offence
• Timing of offence
• Use of weapon or other item to frighten or injure
• Victim compelled to leave their home (including victims of domestic abuse)
• Failure to comply with current court orders
• Offence committed whilst on licence
• Exploiting contact arrangements with a child to commit an offence
• Presence of others, especially children
• Any steps taken to prevent the victim reporting an incident, obtaining assistance and/or from assisting or supporting the prosecution
• Attempts to dispose of or conceal evidence
• Commission of offence whilst under the influence of alcohol or drugs

Mitigating factors

• No previous convictions or no relevant/recent convictions
• Remorse
• Positive character and/or exemplary conduct (regardless of previous convictions)*
• Age and/or lack of maturity (which may be applicable to offenders aged 18-25) 
• Mental disorder or learning disability, particularly where linked to the commission of the offence
• Physical disability or serious medical condition requiring urgent, intensive or long-term treatment
• Difficult and/or deprived background or personal circumstances

In most cases where serious offences are committed and the court are considering lengthy sentences the defendant will benefit from an expert report which may be from the likes of a psychologist or psychiatrist. Particularly where mental health is being advanced as a mitigating factor.

Pre Sentence Reports

In addition to any medical reports relating to the defendant and their mental health, the court are likely to want to get a report from the Probation Service. Although where custody is inevitable it will be at the judge's discretion as to whether one is required. In cases which involve complex issues with the defendant, then the Probation Service may be required to implement the appropriate care and rehabilitation to the defendant in prison.

Reduction for early guilty plea

Where a defendant has pleaded guilty, the courts will factor this in to the sentencing decision and make the required reductions. Where the guilty plea was entered at the defendant's first opportunity a third reduction will be made from any sentence, which can have a huge impact on the overall sentence when we are looing at a lengthy period of imprisonment.

Dangerousness

Rape is a serious offence and what the court refer to as a specified offence, which means it falls to the court for them to consider whether the defendant is dangerous, and in doing so the court will make reference to the dangerousness provisions. When doing this the court will ask whether the offender poses a significant risk to members of the public of serious harm, or serious personal/psychological injury brought on by further specified offences. The reports provided to the court by the defendant's legal team may assist in a decision regarding dangerousness.

If a defendant is considered dangerous by the judge, and they are over the age of 18, the court must impose a sentence of life imprisonment for the offence of rape. Unless the offence is so serious that imprisonment for a whole life term is justified, which is very rare, a minimum term of imprisonment must be set. Once the minimum term is served, they will not be released on licence unless the parole board is satisfied that it is no longer necessary for the protection of the public that the defendant be in custody.

How can Eventum Legal help?

Sentencing is a difficult process and it is important you go into a case with knowledge of the potential outcomes and how they can be prevented and managed.

Sexual offences are serious and all carry the potential for custodial sentences, having a dedicated and specialist legal team is essential to achieve the best outcome possible.

If you would like to discuss your case contact our lawyers today, for a free no obligation and strictly confidential discussion. We can listen to your concerns, background and propose an action plan moving forwards to assist you.