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Assault of a child under 13 by penetration

s.6 Sexual Offences Act 2003 · Crown Court

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Sentencing framework

The guideline for sentencing individuals convicted of assaulting a child under 13 by penetration emphasizes the serious nature of this offence and outlines specific factors to assess culpability and harm. Sentencing is structured around three categories based on harm and culpability, with defined starting points and ranges for custodial sentences. Aggravating and mitigating factors play a crucial role in determining the final sentence, allowing for adjustments based on the specific circumstances of each case.

Maximum sentence

Life imprisonment

Court

Crown Court

Starting point

16 years’ custody

Offence range

2 – 19 years’ custody

Aggravating factors

  • ·Previous convictions
  • ·Offence committed whilst on bail
  • ·Specific targeting of a particularly vulnerable child
  • ·Commission of the offence while under the influence of alcohol or drugs

Mitigating factors

  • ·No previous convictions or no relevant/recent convictions
  • ·Remorse
  • ·Age and/or lack of maturity
  • ·Mental disorder or learning disability, particularly where linked to the commission of the offence

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 — required special sentence for certain offenders of particular concern
  7. Step 7 — totality principle
  8. Step 8 — ancillary orders
  9. Step 9 — reasons
  10. Step 10 — 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.