Statutory Rape

Here at JD Solicitors, we understand the gravity and sensitivity surrounding cases involving statutory rape, and our experienced team of attorneys stands ready to advocate for your rights and ensure a fair and just legal process.

With a profound understanding of the complexities of statutory rape laws, we are committed to vigorously defending those who have been accused. Our unwavering dedication, meticulous preparation, and strategic approach empower us to navigate the intricacies of these cases with utmost professionalism and compassion.

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What is Statutory Rape?

Statutory rape is a type of rape where an adult engages in sexual behaviour with a child or teenager. It is seen as rape under the law because the child is not in a position (old enough) to consent to sexual activity.

Different types of offences are counted as statutory rape, or sexual assault in England. Each one will be defined and discussed below.

Offences Relating To Children Under 18

These cases relate especially to situations where the perpetrator was in a position of trust with the child. Such offences are often referred to as abuses of power and occur when a child’s teacher, or other trusted adult, engaged in sexual activity with a person over 16 but under 18 years old.

Once again consent is not relevant here as the child cannot consent due to their age, and there is an abuse of the position of trust occurring.

Rape or Sexual Assault Of A Child Under The Age Of 13

The rape of a child under the age of 13 is defined as involving intentional penetration of the vagina, anus, or mouth where the other person is under 13 years old.

Sexual assault of a child under the age of 13 is when an adult perpetrator is involved in the sexual touching of a child that is under 13 years old.

In either case of rape or sexual assault of a child under the age of 13, it is important to remember that a child under 13 can never consent in terms of the law.

Sexual Activity With A Child Over The Age Of 13 But Under The Age Of 16

Sexual Activity With A Child Over The Age Of 13 But Under The Age Of 16 is not counted as rape, even if penetration is involved. Instead, it is classed as the offence of sexual activity with a child. Again, whether the child consented to the activity does not matter as they are legally not old enough to do so.

What Are The Sentencing Guidelines For Statutory Rape?

The sentencing guidelines for the offences outlined above vary depending on the offence in question.

Rape or Sexual Assult Of A Child Under The Age Of 13

Rape of a child under the age of 13 carries a maximum penalty of life imprisonment and is an indictable offence.

For a sexual assault of a child under 13 the maximum sentence is 14 years in prison.

Sexual Activity With A Child Over The Age Of 13 But Under The Age Of 16

This offence is indictable if penetration is involved, and carries a maximum custodial sentence of 14 years. In other the maximum punishment can be a fine, 6 months in prison or both.

Offences Relating To Children Under 18

This offence carries a maximum prison sentence of 5 years.

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