New Sexual Offences Sentencing Guidelines – 'Previous Good Character' Can Be An Aggravating Factor

Summary and implications

An overhaul of the Sexual Offences Sentencing Guidelines will focus on psychological harm rather than physical harm. The guidelines were published on 12 December 2013 and will come into force on 1 April 2014 and bring the following key changes:

Previous good character can be considered an aggravating factor where used to facilitate an offence. Removal of "ostensible consent" - the idea that a child over 13 can agree to sex. New aggravating feature of recording the crime, to take into account advances in technology. New offences concerning an abuse of a position of trust over children. Increased sentences for some offences, such as rape. In the wake of the Saville inquiry and instances of large-scale grooming of children, it comes as no surprise that the Sexual...