u/FluffyBunnyFlipFlops

How closely do judges adhere to sentencing guidelines?

This is England. Very quick rundown. Someone has been found guilty of the following crimes:

Assault a girl under 13 by touching.
Assault a girl under 13 by penetration.
Offender 18 or over engage in penetrative sexual activity with a girl 13 -15.
Cause/incite a female child under 13 to engage in sexual activity, - offender 18 or over – penetration.

I can't find an exact match with the last one (this is verbatim from the court). Are they referring to Section 5 of the Sexual Offences Act 2003? From the point onward, I'm going to assume that this is correct.

The person has many items in the Harm category, as well as the Culpability.

Harm:

  • Pregnancy or STI as a consequence of offence (arguably yes as the victim claims she had to take an abortion pill)
  • Prolonged detention /sustained incident (multiple offences over a year)
  • Forced/uninvited entry into victim’s home (lived in the house with her)
  • (Once the offences came to light, the victim attempted suicide several times)

Culpability:

  • Significant degree of planning (offences were kept secret for over a year)
  • Grooming behaviour used against victim
  • Abuse of trust (close familial relation)
  • Deliberate isolation of victim (sort of)

Looking at the sentencing guidelines, this would put the offender in Harm category 1 and Culpability A.

I think that puts the offender at a starting point of 16 years in custody. Is that correct? Do judges generally stick to sentencing guidelines?

I understand that any responses will be opinions due to the lack of detail around the case and conviction.

EDIT: The last offence appears to be Section 8 of the SOA 2003. Still appears to be Cat 1, Culp A. Starting point is 13 years of custody.

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u/FluffyBunnyFlipFlops — 4 days ago