Sex offences sentencing guidelines overhaul

Sex-offending celebrities could see their public image used against them when being punished as part of an overhaul of decade-old sentencing guidance for judges.

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Child abuse victim 'should not be treated as contributor'

Lord Justice Treacy said it was "coincidental" that the Hall and Savile cases emerged while new sentencing guidelines for child sex abusers and rapists was being worked on.

The new guidance will see the removal of "ostensible consent" - the idea that a child over 13 can agree to sex.

Read: Tougher sentences for grooming and online offences

Lord Justice Treacy acknowledged that "perhaps we should have" been quicker to recognise that children in sex cases should always be treated as victims rather than being involved in contributing to the crime. Speaking on BBC Radio 4's Today Programme, he said:

We are sending out a very strong message that the focus is on what the offender did and what his motivation was and that the child victim should not be treated as contributing to the offence.

Tougher sentences for sex crimes met with praise

Tougher sentencing guidelines for sex offenders have been met with praise by children's campaigners.

The NSPCC chief executive Peter Wanless praised the removal of "ostensible consent", the idea a child over the age of 13 can consent to sex, as "a step in the right direction".

It is important sentencing reflects the severe damage caused by highly manipulative and devious sex offenders, who may use positions of trust or celebrity status to target children.

Technology is playing a part in the way offenders seek out and groom children....It is right the guidelines reflect the harm caused and the people who cause this misery feel the full weight of the law.

The outdated view children can in some way be complicit in their abuse must be stamped out. The new guidance is a step in the right direction towards addressing this terrible myth.

– NSPCC chief executive Peter Wanless

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Tougher sentences for grooming and online offences

Sex offenders will have no protection if they sleep with a child over the age of 13 and claimed they consented, according to new sentencing guidelines.

They see the removal of "ostensible consent" - the idea a child over the age of 13 can agree to sex - while greater emphasis will be placed on grooming by individuals and gangs.

According to the new guidelines:

  • A new term has been spawned to take the effect of technology into account. An aggravating factor is "recording the crime", as filming and photographing victims has become more common.
  • Offending committed remotely, such as via a webcam, is also included.
  • Judges will also have to take into account aspects such as offenders lying about their age, grooming via social media or asking children to share indecent photos of themselves.

Sex-offending celebrities to be 'made example of'

New sentencing guidelines could include tougher penalties for celebrities who commit sex crimes in order to make an example of them, the Sentencing Council has said.

Lost Prophets front man Ian Watkins. Credit: Police Handout

The star's past behaviour may also work against them as "good character" may be seen as a means to commit a predatory sexual offence, the Sentencing Council said.

In practice, this means in the future the likes of disgraced Lost Prophets front man Ian Watkins, who used his fame to commit crimes against women and children, could receive more severe sentences.

The new guidelines place more emphasis on the long-term, psychological impact on the victims and cover over 50 offences, including rape, child sex offences and trafficking.

Sentencing Council chairman Lord Justice Treacy said: "This guideline will make real changes to the way offenders are sentenced for these very serious, sensitive and complex offences."

"It will help judges and magistrates sentence in a way which protects our communities from this kind of offending and the suffering it causes."

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