B1432 – Statutory Sentence for Rape etc. Bill 2018

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B1432 – Statutory Sentence for Rape, Sexual Assault by Penetration, and Related Offences Concerning Children Bill 2018, TSR Government
A

B I L L

TO

Introduce a statutory sentence for rape, sexual assault by penetration, and related offences concerning children.

BE IT ENACTED by The Queen's most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows—

1 Definition
"Statutory sentence" is the minimum prison sentence a convict must serve without parole.

2 Amendment
(1) Replacing Sexual Offences Act 2003 1 (4) from "A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life." to "A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life, with a 10-year statutory sentence." in Sexual Offences Act 2003.
(2) Replacing Sexual Offences Act 2003 2 (4) from "A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life." to "A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life, with a 10-year statutory sentence."
(3) Replacing Sexual Offences Act 2003 5 (2) from "A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life." to "A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life, with a 20-year statutory sentence."
(4) Replacing Sexual Offences Act 2003 6 (2) from "A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life." to "A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life, with a 20-year statutory sentence."
(5) Replacing Sexual Offences (Scotland) Act 2009 48 (2) from "Where an individual is convicted on indictment of rape, sexual assault by penetration, rape of a young child or sexual assault on a young child by penetration, a penalty of imprisonment without a fine may be imposed, but not a penalty of a fine alone; and the power of the court in section 199(2)(b) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (to substitute a fine for imprisonment) is not available." to "Where an individual is convicted on indictment of rape, sexual assault by penetration, rape of a young child or sexual assault on a young child by penetration, a penalty of imprisonment without a fine may be imposed, but not a penalty of a fine alone; and the power of the court in section 199(2)(b) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (to substitute a fine for imprisonment) is not available. A person guilty of an offence is liable, on conviction on indictment, to imprisonment for life, with a 10-year statutory sentence for an individual convicted on indictment of rapeand sexual assault by penetration, and a 20-year statutory sentence for an individual convicted on rape of a young child or sexual assault on a young child by penetration."


3 Commencement, Short Title, Extent and Conditions
(1) This Act shall come into force upon Royal Assent.
(2) This Act may be cited as the Statutory Sentence for Rape and Sexual Assault Offences.
(3) This Act extends to England, Wales, and Scotland.


Notes
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In a recent public consultation conducted by Her Majesty's Ministry of Justice, the citizens of TSR responded with a majority support for a statutory sentence for rape, with the average proposed minimum sentence being 8.3 years.

The Ministry has chosen to round that number up to 10 years, with equivalent raping of children having a statutory sentence of 20 years. Additionally, this introduces a mandatory life sentence in Scotland.

The average sentence served for convicted rapists was 8.3 years. (https://www.theguardian.com/society/...ustice-figures)

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Saunders16
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I am uncertain on this and will need convincing either way; although I tend to lean against minimum sentencing, I can see a justification for them in the most despicable acts such as murder and sexual offences. My question to to the Secretary of State and, indeed, anyone else, is, how often are sentences under ten years given and what is the reasoning in such cases? Equally, what happens if the defendant is deemed to have not been in a fit state of mind, something I imagine is often a cause of reduced sentences? To support this bill I would need evidence that a) ten years is a fair point to set a minimum sentence at, and b) there is actually a large problem in sentencing that requires addressing.
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CatusStarbright
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As a note to the House, having looked up the sections I can say that:
2(1) pertains to rape
2(2) pertains to assault by penetration (meaning penetrating the vagina or anus with a part of the body or anything else - not the penis basically)
2(3) pertains to rape of a child under 13, and
2(4) pertains to assault of a child under 13 by pentration

The sentencing guidelines for these offences can be found here. For the latter two offences, what this bill proposes is a new statutory minimum sentence which is above that of the highest end of the starting range for the offence. I'd also like to point out that for the second offence, the lowest end of the starting range is a community order, so a 10-year statutory minimum is a huge leap. Would the Secretary of State for Justice, The Champion.m4a, like to justify these decisions please? Why the extreme increase?
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El Salvador
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(Original post by CatusStarbright)
As a note to the House, having looked up the sections I can say that:
2(1) pertains to rape
2(2) pertains to assault by penetration (meaning penetrating the vagina or anus with a part of the body or anything else - not the penis basically)
2(3) pertains to rape of a child under 13, and
2(4) pertains to assault of a child under 13 by pentration

The sentencing guidelines for these offences can be found here. For the latter two offences, what this bill proposes is a new statutory minimum sentence which is above that of the highest end of the starting range for the offence. I'd also like to point out that for the second offence, the lowest end of the starting range is a community order, so a 10-year statutory minimum is a huge leap. Would the Secretary of State for Justice, The Champion.m4a, like to justify these decisions please? Why the extreme increase?
It was because the consultation came up with 8.3 years.

The second offence I believe it's mostly for women who rape women and men. I don't see why they would receive a more lenient sentence compared to men raping others.

While I believe paedophilia has not increased, we are now more aware of its prevalence, whether from the cases of those gangs or from priests. I believe this sends a string message to those offenders in the modern #MeToo era.
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CatusStarbright
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(Original post by The Champion.m4a)
It was because the consultation came up with 8.3 years.

The second offence I believe it's mostly for women who rape women and men. I don't see why they would receive a more lenient sentence compared to men raping others.

While I believe paedophilia has not increased, we are now more aware of its prevalence, whether from the cases of those gangs or from priests. I believe this sends a string message to those offenders in the modern #MeToo era.
Looking at the legislation, I believe the second offence is designed to cover a range of actions and as such I think the sentence needs to be flexible to accommodate that.

I understand the severity of such an offence against a minor under the age of 13, but don't forget that these can be committed by children too.
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Jammy Duel
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I suppose we're getting steady improvement given we have amendment of existing legislation, the rationalle remains weak though
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SoggyCabbages
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Aye, thesehorrible crimes need punishing without leniency.
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Rakas21
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(Original post by Saunders16)
I am uncertain on this and will need convincing either way; although I tend to lean against minimum sentencing, I can see a justification for them in the most despicable acts such as murder and sexual offences. My question to to the Secretary of State and, indeed, anyone else, is, how often are sentences under ten years given and what is the reasoning in such cases? Equally, what happens if the defendant is deemed to have not been in a fit state of mind, something I imagine is often a cause of reduced sentences? To support this bill I would need evidence that a) ten years is a fair point to set a minimum sentence at, and b) there is actually a large problem in sentencing that requires addressing.
It is worth noting that while you were away the Secretary of State for Justice actually ran a public consultation in the Politics sub-forum and the result was overwhelmingly in favour of this action. To oppose this bill as a liberal is to oppose the people! Support this bill and you support the people.
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CatusStarbright
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(Original post by Rakas21)
It is worth noting that while you were away the Secretary of State for Justice actually ran a public consultation in the Politics sub-forum and the result was overwhelmingly in favour of this action. To oppose this bill as a liberal is to oppose the people! Support this bill and you support the people.
The sample size was really rather small though it is important to note.
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El Salvador
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(Original post by CatusStarbright)
Looking at the legislation, I believe the second offence is designed to cover a range of actions and as such I think the sentence needs to be flexible to accommodate that.

I understand the severity of such an offence against a minor under the age of 13, but don't forget that these can be committed by children too.
You mean there should be a difference between fingering someone and a woman raping a man or another woman?

I was under the impression that children under a certain age would not be charged at all, and under another age, they wouldn't be sent to actual jail. Is that not right?
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CatusStarbright
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(Original post by The Champion.m4a)
You mean there should be a difference between fingering someone and a woman raping a man or another woman?

I was under the impression that children under a certain age would not be charged at all, and under another age, they wouldn't be sent to actual jail. Is that not right?
Sure, as an example.

The age of criminal responsibility in the UK is 10. Those between 10 and 17 years of age are dealt with youth courts and are sent to special secure centres for young people, not adult prisons.
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El Salvador
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(Original post by CatusStarbright)
Sure, as an example.

The age of criminal responsibility in the UK is 10. Those between 10 and 17 years of age are dealt with youth courts and are sent to special secure centres for young people, not adult prisons.
Yeah, so they wouldn't be affected by this, no?

Or how do I amend this so the current situation for people under 18 is not changed?
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CatusStarbright
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(Original post by The Champion.m4a)
Yeah, so they wouldn't be affected by this, no?

Or how do I amend this so the current situation for people under 18 is not changed?
To be quite honest, the sentencing of children is not something I've looked into before.
I have found the relevant sentencing guideline however: https://www.sentencingcouncil.org.uk..._FINAL_WEB.pdf
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El Salvador
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(Original post by CatusStarbright)
To be quite honest, the sentencing of children is not something I've looked into before.
I have found the relevant sentencing guideline however: https://www.sentencingcouncil.org.uk..._FINAL_WEB.pdf
So do i need to include the ages to keep the situation the same for people under 18? I had assumed that they would stay the same.
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CatusStarbright
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(Original post by The Champion.m4a)
So do i need to include the ages to keep the situation the same for people under 18? I had assumed that they would stay the same.
I will confess to not actually knowing. Perhaps a bit of research would yield the answer for you.
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Saunders16
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(Original post by Saunders16)
I am uncertain on this and will need convincing either way; although I tend to lean against minimum sentencing, I can see a justification for them in the most despicable acts such as murder and sexual offences. My question to to the Secretary of State and, indeed, anyone else, is, how often are sentences under ten years given and what is the reasoning in such cases? Equally, what happens if the defendant is deemed to have not been in a fit state of mind, something I imagine is often a cause of reduced sentences? To support this bill I would need evidence that a) ten years is a fair point to set a minimum sentence at, and b) there is actually a large problem in sentencing that requires addressing.
The Champion.m4a, in case you missed this.
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El Salvador
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(Original post by Saunders16)
The Champion.m4a, in case you missed this.
I don't know. But since the average sentence is 8.3 years, I'd say the majority of sentences are fewer than 10 years.

I could make mental age a favour for reduction.
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This bill is in cessation.
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Saracen's Fez
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This bill has gone to a second reading.
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