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Assault by penetration

s.2 Sexual Offences Act 2003 · Crown Court

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Sentencing framework

The guideline for Assault by Penetration structures sentencing based on the severity of harm and the degree of culpability involved in the crime. The starting point for sentencing varies according to these factors, with serious cases leading to higher starting points and maximum sentences. Aggravating factors such as previous convictions and the vulnerability of the victim can increase the severity of the sentence, while mitigating factors, including lack of previous convictions and demonstrated remorse, can reduce it.

Maximum sentence

Life imprisonment

Court

Crown Court

Starting point

15 years’ custody

Offence range

Community order – 19 years’ custody

Aggravating factors

  • ·Previous convictions
  • ·Offence committed whilst on bail
  • ·Where the victim or intended victim was under the age of 18, offence facilitated by, or involved: the offender grooming a person under the age of 18; OR a person other than the offender grooming a person under the age of 18 and the offender knew, or could reasonably be expected to have known, about the grooming when the offence was committed
  • ·Specific targeting of a particularly vulnerable victim
  • ·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 on licence or post sentence supervision
  • ·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
  • ·Prospects of or in work, training or education

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

  1. Step 1 — Determining the offence category
  2. Step 2 — Starting point and category range
  3. Step 3 — Consider any factors which indicate a reduction, such as assistance to the prosecution
  4. Step 4 — Reduction for guilty plea
  5. Step 5 — Dangerousness
  6. Step 6 — Totality principle
  7. Step 7 — Ancillary orders
  8. Step 8 — Reasons
  9. Step 9 — Consideration for time spent on bail (tagged curfew)

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.