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Rape: Sentencing

Volume 507: debated on Monday 8 March 2010

To ask the Secretary of State for Justice how many persons convicted of rape received (a) a determinate prison sentence, (b) a life sentence, (c) an indeterminate sentence for public protection and (d) any other disposal in each of the last five years; and what the average (i) determinate sentence length and (ii) tariff for (A) life and (B) indeterminate sentences was. (317131)

The requested information is shown in the following table.

Offenders sentenced for rape offences, by result, 2004 to 2008

2004

2005

2006

2007

2008

Rape of a female under 16

Total sentenced

275

233

219

236

239

Discharged

1

0

0

0

0

Fined

0

0

0

0

0

Community sentence

6

6

3

3

2

Suspended sentence

0

0

0

0

1

Immediate Custody

267

224

215

231

233

Otherwise dealt with

1

3

1

2

3

Average custodial sentence length (years)1

8.3

8.0

7.8

9.0

9.2

Life sentence

16

15

15

7

14

Indeterminate sentence for public protection

1

11

28

21

Rape of a female 16 or over

Total sentenced

325

341

383

372

381

Discharged

2

0

1

0

0

Fined

0

1

0

0

0

Community sentence

1

2

1

0

2

Suspended sentence

0

1

0

1

1

Immediate Custody

319

333

376

368

372

Otherwise dealt with

3

4

5

3

6

Average custodial sentence length (years)1

6.5

6.9

6.7

6.5

6.7

Life sentence

34

33

40

21

10

Indeterminate sentence for public protection

8

72

94

84

Rape of a male under 16

Total sentenced

28

32

15

23

14

Discharged

0

0

0

0

0

Fined

0

0

0

0

0

Community sentence

4

4

1

2

0

Suspended sentence

0

0

0

0

0

Immediate Custody

24

28

14

20

13

Otherwise dealt with

0

0

0

1

1

Average custodial sentence length (years)1

7.0

7.0

6.8

7.4

8.4

Life sentence

2

2

5

5

0

Indeterminate sentence for public protection

0

2

3

4

Rape of a male 16 or over

Total sentenced

10

15

20

16

12

Discharged

0

0

0

0

0

Fined

0

0

0

0

0

Community sentence

0

0

0

0

0

Suspended sentence

0

0

0

0

0

Immediate Custody

10

14

19

16

11

Otherwise dealt with

0

1

1

0

1

Average custodial sentence length (years)1

8.4

5.8

6.4

8.3

6.3

Life sentence

2

0

1

1

0

Indeterminate sentence for public protection

2

5

6

2

Rape of a female child under 13 by a male

Total sentenced

5

58

85

91

141

Discharged

0

1

1

3

1

Fined

0

0

0

0

0

Community sentence

1

9

16

10

13

Suspended sentence

0

1

0

4

0

Immediate Custody

4

45

67

73

124

Otherwise dealt with

0

2

1

1

3

Average custodial sentence length (years)1

4.8

4.9

6.3

6.1

8.1

Life sentence

0

4

2

2

3

Indeterminate sentence for public protection

0

19

14

29

Rape of a male child under 13 by a male

Total sentenced

1

14

32

38

33

Discharged

0

0

0

0

0

Fined

0

0

0

0

0

Community sentence

1

4

11

8

9

Suspended sentence

0

0

0

0

0

Immediate Custody

0

10

19

28

22

Otherwise dealt with

0

0

2

2

2

Average custodial sentence length (years)1

4.2

4.0

4.2

6.2

Life sentence

0

0

3

1

2

Indeterminate sentence for public protection

0

3

9

7

1 Average custodial sentence length (years) excludes life/indeterminate sentences.

Notes:

1. These figures have been drawn from administrative data systems. Although care is taken when processing and analysing the returns, the detail collected is subject to the inaccuracies inherent in any large scale recording system.

2. These data have been taken from the Ministry of Justice Court Proceedings database. These data are presented on the principal offence basis. Where an offender has been sentenced for more than one offence the principal offence is the one for which the heaviest sentence was imposed. Where the same sentence has been imposed for two or more offences the principal offence is the one for which the statutory maximum is most severe.

Source:

Justice Statistics—Analytical Services, Ministry of Justice

All IPP or DPP sentenced for rape 20041 to 2009

Sentence date

Total

Average tariff years

2005

19

3.6

2006

147

3.9

2007

190

4.4

2008

163

4.5

2009

157

5.1

Totals

676

4.3

All life sentenced prisoners sentenced for rape 2004 to 2009

Sentence date

Total

Average tariff years

2004

62

6.3

2005

61

5.7

2006

69

6.2

2007

47

6.6

2008

27

7.7

2009

17

7.3

Totals

283

6.6

1 Indeterminate sentences for public protection introduced from 2005.

Notes:

1. There were a total of 959 sentences of Rape Section 1 of the Sexual Offences Act 2003, Rape (section 1 of the Sexual Offences Act 1956) and Rape of a Child Under 13 (section 5 of the Sexual Offences Act 2003) reported to NOMS and recorded on PPUD from the period 1 January 2004 to 31 December 2009.

2. There are a total of eight tariffs unavailable because they have not been set yet, the warrant is not available or the offender received a whole life tariff. These relate to four IPPs and four life sentenced prisoners.

3. These are included in figures to show how many were sentenced in each financial year but have been removed for the purpose of the tariff calculation.

4. The figures were taken from the Public Protection Unit Database (PPUD) in the National Offender Management Service, and, as with any large scale recording system, it is subject to possible errors arising from either data entry or processing. The PPUD is a live database, updated on a regular basis. As a result, snapshots taken in consecutive days will contain differences reflecting updates.