Understanding Violent and Sexual Criminal Offences in the UK

As you might expect, the criminal law encompasses a huge range of offending behaviour and it is constantly growing and evolving. Understanding the key concepts and specific offences is crucial for navigating the legal system. At Old Bailey Solicitors, our team comprises experienced solicitors who are passionate about defending individuals.

Specifically, we specialise in defending individuals accused of sexual and violent offences. Our experienced legal team understands the complexities and sensitivities involved in these cases. Our solicitors meticulously examine all the evidence, build strong defences and advocate passionately in court. We are committed to achieving the best possible outcomes for our clients.

In the United Kingdom, violent and sexual offences are taken very seriously, with robust laws and severe penalties designed to protect the public and ensure justice for victims.

The following is a list of the violent and sexual offences we specialise in at Old Bailey Solicitors:

Violent Offences

Murder

Murder is a common law offence which is defined as the unlawful killing of another human being with intention to cause death or really serious harm.

A murder conviction carries a mandatory life sentence, and guidelines must be followed by the Judge to establish the minimum amount of time the offender must spend in prison before being considered for release (this is sometimes referred to as the tariff period).

Manslaughter

Manslaughter is also a common law offence that is defined as an unlawful killing without the intent to kill. There are two broad categories of manslaughter: involuntary and voluntary.

1. Involuntary – unlawful killing without the intent to kill. There are two forms of involuntary manslaughter: unlawful act manslaughter and manslaughter by gross negligence.
2. Unlawful act manslaughter – occurs where someone unintentionally causes the death of another person through committing an unlawful act. An unlawful act is referred to as the ‘base’ offence and can be any illegal act.
3. Manslaughter by gross negligence – committed where a person causes the death of another person through a grossly negligent act or omission.
4. Voluntary – occurs when all the elements for murder are present, including an intention to kill or cause really serious harm, but the crime is reduced to manslaughter by reason of loss of control or diminished responsibility.

The maximum sentence for a manslaughter conviction is life imprisonment.

Common Assault

Common assault is an offence contrary to section 39 of the Criminal Justice Act 1988 and is committed when a person intentionally or recklessly causes someone else to fear immediate unlawful violence.

If you are convicted of common assault the maximum sentence is 6 months’ imprisonment with the lowest possible sentence being a fine or discharge.

Actual Bodily Harm (ABH)

ABH is contrary to Section 47 of the Offences Against the Person Act 1861. ABH is committed when a person commits an assault (that is, intentionally or recklessly causing someone to fear immediate unlawful violence or applying unlawful force to another) and the assault causes some injury.

If you are convicted of ABH the maximum sentence is up to 5 years’ in prison with the minimum sentence being a fine.

Grievous Bodily Harm (GBH)

GBH is the most serious of non-fatal physical assaults. There are two types of GBH which are defined in Sections 18 and 20 of the Offences Against the Person Act 1861. Both types of GBH involve either unlawfully wounding another or causing really serious injury to another person.

1. Section 20 GBH – inflicting grievous bodily harm without intention to cause very serious injury.
2. Section 18 GBH – intentionally inflicting grievous bodily harm and wounding with intent to cause very serious injury. This is the more serious of the two GBH offences.

Section 20 and Section 18 GBH carry very different sentences. If you are convicted of Section 18 GBH the maximum sentence is life imprisonment. Whereas a Section 20 GBH conviction carries a maximum sentence of 5 years.

Robbery

Robbery is an offence contrary to Section 8 of the Theft Act 1968 and is committed when a person steals from another and uses force or the threat of force to do so.

If you are convicted of robbery the maximum sentence is life imprisonment.

Sexual Offences

Rape

The offence of rape is defined in the Sexual Offences Act 2003 and is committed when a person penetrates another person’s vagina, anus or mouth with their penis without that other person’s consent, or a reasonable belief in their consent. Rape is one of the most serious sexual offences in England and Wales.

The maximum sentence for a rape conviction is life imprisonment. However, the starting point for the offence, without aggravating features, is 5 years’ imprisonment.

Sexual Assault

Sexual assault is defined by Section 3 of the Sexual Offence Act 2003 as the intentional touching of another person in a sexual manner without consent. This definition encompasses a broad range of unwanted sexual conduct, from inappropriate touching to more invasive actions.

If you are convicted of sexual assault, the maximum sentence is 10 years’ imprisonment with a minimum sentence of a medium level community order. A community order imposes a punishment on the offender in the community and aims to ensure the offender engages in reparative activities or rehabilitation.

Child Sexual Abuse

Child sexual abuse encompasses a range of criminal offences involving the sexual exploitation or coercion of children. This is defined in the Sexual Offences Act 2003 as engaging in sexual activities with a child or exposing them to sexual content.

The offences are broken down under different sections of the Sexual Offences Act 2003, depending on the victim’s age:

• Section 5-8 cover offences committed against children under 13.
• Section 9-13 cover offences committed against children under 16.

The punishments for sexually abusing a child range widely based on the nature of the offence. The most serious cases, such as rape of a child, carries a maximum sentence of life imprisonment. However, depending on the age of the victim and nature of the sexual abuse, a conviction for child sexual abuse can carry a sentence anywhere between 2 – 14 years’ imprisonment.

Indecent Exposure

Indecent exposure is defined under the Sexual Offences Act 2003 as deliberately exposing one’s genitals with the intention for another person to see them and be alarmed or distressed. The offence requires ‘specific intent’.  Specific intent means intentional exposure and intention that one’s genitals will be seen and cause alarm or distress.

If you are convicted of indecent exposure the maximum sentence of 2 years’ imprisonment with the minimum sentence being a fine or discharge.

Sexual Exploitation

Sexual exploitation in the context of the Sexual Offences Act 2003 involves any action where a person is coerced, manipulated, or deceived into engaging in sexual activities by another person. It includes situations where individuals, particularly children, are exploited through prostitution, pornography, or any other form of sexual activity.

The offences are broken down under different sections of the Sexual Offences Act 2003, depending on the victim’s age and nature of the offence:

• Sections 27-50 deal with the exploitation of adult individuals through prostitution.
• Sections 52-54 address trafficking adult people within the UK, or into and out of the UK for the purpose of sexual exploitation.
• Section 14 deals with arranging or facilitating the sexual exploitation of children.
• Sections 57-60 address offences involving the sexual exploitation of children such as prostitution and pornography.

The punishment for sexual exploitation varies depending on the victim’s age and the nature of the offence. The punishment for sexual exploitation of adults, depending on the circumstances, carries a maximum sentence ranging from 7 years’ imprisonment for prostitution offences up to 14 years’ for sex trafficking offences.

As for offences relating to the sexual exploitation of children, the potential sentences range from life imprisonment in more serious circumstances, such as child prostitution. Child pornography offences can carry a prison sentence ranging from a high-level community order to 6 years’ imprisonment depending on the accused involvement in the possession, distribution or production of the images.

Sexual Offences and Ancillary Orders

In addition to imprisonment, if you are convicted of a sexual offence the courts may impose ancillary orders such as:

• Sexual Harm Prevention Orders (SHPO): These can impose restrictions on the offender, such as prohibiting contact with children or internet use.
• Sexual Risk Orders (SRO): These can be applied to individuals who pose a risk of sexual harm, even if they have not been convicted of a sexual offence.
• Notification Requirements: Convicted offenders of relevant offences are automatically required to notify the police of certain personal details (commonly known as being on the “sex offenders register”).

Conclusion

The UK legal system imposes strict penalties for violent and sexual offences to maintain public safety and provide justice for victims. Understanding the legislation governing each offence and the potential punishment is crucial for both legal professionals and the general public. If you or someone you know is involved in a case related to one of these offences, seeking early professional legal advice is essential in order to navigate the complexities of the law.

How can Old Bailey Solicitors help?

Contact Old Bailey Solicitors on 0207 8464 999 or at [email protected] to ensure you get the best representation for your case.