Sex with an adult relative: penetration / Sex with an adult relative: consenting to penetration

Sexual Offences Act 2003, s.64, s.65 · Crown Court / Magistrates

Sentencing framework

The guideline for this offence separates offenders into categories based on culpability and harm. Sentencing ranges from fines to custody, with starting points reflecting the seriousness of the offence and allowing for adjustments based on aggravating or mitigating factors. The guideline emphasizes the importance of considering community orders as a viable alternative to custody, particularly for offenders demonstrating a potential for rehabilitation.

Maximum sentence

2 years’ custody

Court

Crown Court / Magistrates

Starting point

1 year's custody

Offence range

Fine – 2 years’ custody

Aggravating factors

·Previous convictions
·Offence committed whilst on bail
·Failure to comply with current court orders
·Offence committed whilst on licence
·Failure of offender to respond to previous warnings
·Any steps taken to prevent reporting an incident

Mitigating factors

·No previous convictions or no relevant/recent convictions
·Remorse
·Positive character and/or exemplary conduct
·Age and/or lack of maturity
·Mental disorder or learning disability
·Demonstration of steps taken to address offending behaviour
·Physical disability or serious medical condition
·Difficult and/or deprived background
·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 — starting point and category range
Step 3 — consider any factors which indicate a reduction
Step 4 — reduction for guilty plea
Step 5 — dangerousness
Step 6 — totality principle
Step 7 — ancillary orders

Guideline notes

The maximum sentence that applies to an offence is the maximum that applied at the date of the offence.

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.