(2) how many offenders aged (a) 17 and under and (b) 18 and over were given a caution for rape in each of the last five years.
Information showing the number of offenders found guilty at all courts and cautioned for offences of rape of a child under 13 and under 16, by age group, England and Wales, from 2006 to 2008 (latest available) is shown in tables 1 and 2 as follows.
The number of offenders cautioned for rape, by age group, England and Wales, 2004 to 2008 (latest available) is shown in table 3 as follows.
Data for 2009 are planned for publication in the autumn, 2010.
Guidance on the use of simple cautions is clear that they should not be used for serious offences. In the vast majority of serious sexual offences a caution would not be appropriate and a prosecution would be in the public interest. The decision to caution an offender for an indictable-only offence such as rape will always be taken by the Crown Prosecution Service.
There will, however, always be exceptional cases in which it would not be in the interest of the victim or the public to prosecute, and in these circumstances administering a caution is considered to be preferable to taking no further action, and ensures that the offender is put on the sexual offenders’ register and can be monitored. In some sexual offences cases, for example, it may be decided that the age, welfare or mental well-being of the victim or offender argues against putting them through a trial. In addition, children below the age of 13 cannot consent to sexual relations in law, and so such cases may be classified as rape even where the offence otherwise has the characteristics of a consenting sexual relationship.
Offence description 2006 2007 20084 Age 10-17 Rape of a child under 13 41 44 41 Rape of a child under 16 14 13 21 Sub-total 55 57 62 Age 18 and over Rape of a child under 13 76 84 133 Rape of a child under 16 220 246 234 Sub-total 296 330 367 All ages Rape of a child under 13 117 128 174 Rape of a child under 16 234 259 255 Total 351 387 429 1 Excludes attempted rape. 2 The statistics relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences the principal offence is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe. 3 Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by police forces and the courts. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used. 4 Excludes convictions for Cardiff magistrates court for April, July and August 2008. Source: Justice Statistics Analytical Services—Ministry of Justice
Offence description 2006 2007 2008 Age 10-17 Rape of a child under 13 12 23 22 Rape of a child under 16 1 2 4 Sub-total 13 25 26 Age 18 and over Rape of a child under 13 — 2 1 Rape of a child under 16 — 3 5 Sub-total — 5 6 All ages Rape of a child under 13 12 25 23 Rape of a child under 16 1 5 9 Total 13 30 32 1 The cautions statistics relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been cautioned for two or more offences at the same time the principal offence is the more serious offence. 2 From 1 June 2000 the Crime and Disorder Act 1998 came into force nationally and removed the use of cautions for persons under 18 and replaced them with reprimands and warnings. These figures have been included in the totals. 3 Excludes attempted rape. 4 Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used. Source: Justice Statistics Analytical Services—Ministry of Justice.
Age group 2004 2005 2006 2007 2008 Age 10 to 17 20 17 13 25 26 Age 18 and over 16 3 6 7 9 All ages 36 20 19 32 35 1 The cautions statistics relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been cautioned for two or more offences at the same time the principal offence is the more serious offence. 2 From 1 June 2000 the Crime and Disorder Act 1998 came into force nationally and removed the use of cautions for persons under 18 and replaced them with reprimands and warnings. These figures have been included in the totals. 3 Excludes attempted rape. 4 Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used. Source: Justice Statistics Analytical Services—Ministry of Justice.