Causing a person to engage in sexual activity without consent
s.4 Sexual Offences Act 2003 · Crown / Magistrates
Sentencing framework
The guidelines for sentencing this offence are structured around assessing the culpability and harm involved, with different categories determining the starting points and ranges of sentences. It distinguishes between cases that involve penetration and those that do not, with life sentences possible in severe cases. Aggravating and mitigating factors are listed to guide the court in reaching a fair sentence.
Maximum sentence
Life imprisonment (if penetration involved), otherwise 10 years’ custody
Court
Crown / Magistrates
Starting point
15 years’ custody
Offence range
Community order – 7 years’ custody (if no penetration involved)/19 years' custody (if penetration involved)
Aggravating factors
- ·Previous convictions
- ·Offence committed whilst on bail
- ·Victim under 18
- ·Victim or intended victim groomed
- ·Specific targeting of a particularly vulnerable victim
- ·Blackmail or other threats made
- ·Use of weapon or other item to frighten or injure
- ·Presence of others, especially children
- ·Attempts to dispose of or conceal evidence
Mitigating factors
- ·No previous convictions or no relevant/recent convictions
- ·Positive character and/or exemplary conduct
- ·Remorse
- ·Age and/or lack of maturity
- ·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
- Step 1 — determining the offence category
- Step 2 — establishing starting point and category range
- Step 3 — consider any factors indicating reduction
- Step 4 — reduction for guilty plea
- Step 5 — consider dangerousness
- Step 6 — apply totality principle
- Step 7 — consider ancillary orders
- Step 8 — provide reasons for sentence
- Step 9 — consider time spent on bail
Guideline notes
- Community orders and custodial sentences guidelines apply differing considerations for the appropriate sentences based on offender’s characteristics and circumstances. Sentencers must ensure fairness in the application of these guidelines.
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.ukSource: 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.