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Sexual assault

s.3 Sexual Offences Act 2003 · Crown Court, Magistrates

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Sentencing framework

The guideline details that sentencing for sexual assault involves assessing the offender's culpability and the harm caused. It categorizes cases into different harm and culpability levels leading to a range of starting points and potential sentences, reflecting the seriousness of the offence and factors affecting both the offender and the victim.

Maximum sentence

10 years’ custody

Court

Crown Court, Magistrates

Offence range

Community order – 7 years’ custody

Aggravating factors

  • ·Previous convictions
  • ·Offence committed whilst on bail
  • ·Offence was committed against an emergency worker acting in the exercise of functions as such a worker
  • ·Specific targeting of a particularly vulnerable victim

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

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 based on culpability and harm
  2. Step 2 — Use the corresponding starting point and category range from the table for sentencing
  3. Step 3 — Consider any factors indicating a reduction like assistance to the prosecution
  4. Step 4 — Consider any potential reduction for a guilty plea
  5. Step 5 — Assess if the offender poses a dangerousness
  6. Step 6 — Apply the totality principle if sentencing for multiple offences
  7. Step 7 — Determine if any ancillary orders should be made

Guideline notes

  • A community order must not be imposed unless the offence is serious enough. The court should request a pre-sentence report before forming an opinion on the sentence.

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.