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Sexual assault of a child under 13

s. 274 Sexual Offences Act 2003 · Triable either way

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Sentencing framework

The guideline for sentencing in cases of sexual assault of a child under 13 is structured around harm and culpability categories, determining starting points and ranges for custodial sentences. Aggravating and mitigating factors are critically evaluated to adjust sentences based on individual case circumstances.

Maximum sentence

14 years’ custody

Court

Triable either way

Offence range

Community order – 9 years’ custody

Aggravating factors

  • ·Previous convictions
  • ·Specific targeting of a particularly vulnerable child
  • ·Blackmail or other threats made
  • ·Location of offence
  • ·Timing of offence
  • ·Use of weapon or other item to frighten or injure
  • ·Victim compelled to leave their home, school, etc
  • ·Failure to comply with current court orders
  • ·Offence committed whilst on licence
  • ·Exploiting contact arrangements with a child to commit an offence
  • ·Presence of others, especially other 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
  • ·Victim encouraged to recruit others

Mitigating factors

  • ·No previous convictions or no relevant/recent convictions
  • ·Remorse
  • ·Previous good character and/or exemplary conduct
  • ·Age and/or lack of maturity where it affects the responsibility of the offender
  • ·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 indicating a reduction, such as assistance to the prosecution
  4. Step 4 — Reduction for guilty pleas
  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.