Sexual assault of a child under 13
Part 1 Sexual Offences
(1)A person commits an offence if—
(a)he intentionally touches another person,
(b)the touching is sexual, and
(c)the other person is under 13.
(2)A person guilty of an offence under this section is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 14 years.
Section 7 was applied as the closest modern comparator because all three victims were under 13 and the conduct was non-consensual sexual assault. Its higher maximum required adjustment against the historic offence’s 10-year maximum. (see paras [8]; [10]-[12])
The court treated count 1 as an offence under section 7 for sentencing purposes and assessed it as a category 2A offence. (see para [39]) The court applied the guideline framework for sexual assault of a child under 13 in assessing count 1 and made substantial upward adjustments for vulnerability, breach of trust, planning and location. (see para [39])
The court applied the 14-year maximum for an offence contrary to section 7 in quashing the 17-year extended sentences imposed on the sexual assault counts. (see paras [29]-[33])
10 more judgments, and what each says about section 7, are in the case-law panel in the full Act.
16.Section 7 makes it an offence for a person to touch sexually a child under the age of 13. The meanings of “touching” and “sexual” are the same as for section 3. Whether or not the child consented to the act is irrelevant.