What is Statutory Rape in the UK?

The term “statutory rape” is widely used, but it’s important to understand what it means in the context of UK law. It refers to a range of serious sexual offences involving a person who is under the age of consent, which is 16 years old.

This article will explain the legal principles of these offences, clarify the key differences between them and other sexual crimes, and outline the severe penalties that can be imposed. 

If you’re interested in a particular section, use the links below to navigate straight to it:

• What is statutory rape? 
• What is the age of consent in the UK?
• Examples of statutory rape and related offences
• Statutory rape vs rape: what’s the difference?
• How long does a statutory rape case take?
• What is the minimum sentence for statutory rape?
• What is the maximum sentence for statutory rape?
• What types of evidence are used in statutory rape cases?
• How we can help

Accused of statutory rape? Contact our criminal defence solicitors today for expert guidance and support.

What is statutory rape? 

Statutory rape, or more accurately, sexual activity with a person under the age of consent, is a serious criminal offence in the UK. It occurs when a person, 18 or over, engages in sexual activity with a child under the age of 16. 

The key element is that the age of the victim negates any notion of consent, meaning it is illegal even if the younger person appears to agree to the act. Penalties for this offence can be severe, including a sentence of up to life imprisonment.

What is the age of consent in the UK? 

The age of consent for sexual activity and sexual intercourse is 16 years old. In cases of persons aged 13–15 years old, the issue of consent comes down to the defendant’s knowledge or reasonably held belief as to the young person’s age.  

If an adult has engaged in sexual activity or sexual intercourse with a person aged 13-15, they may have a defence to charges they face if they can show that they reasonably believed that the young person was aged 16 or over and consented to the act. However, if the young person was aged under 13 at the time of the alleged activity, then the statutory defence is not available, and there can not be any presumption as to the person being over the age of consent. 

There are several offences created under the Sexual Offences Act 2003 specific to dealing with underage complainants.  For example, rape of a child under 13 should be charged under Section 5 of the 2003 Act as opposed to Section 1, as this reflects that the person is incapable of consent. 

Examples of statutory rape and related offences

Many different behaviours can be considered statutory rape or a related sexual offence in the UK. These can include:

• Sexual intercourse with a person under 16: This is the most direct example of what is colloquially known as statutory rape.
• Sexual assault of a child: This covers any non-consensual sexual act, including touching, against a person under 16.
• Causing or inciting a child to engage in sexual activity: This refers to encouraging or forcing a child to perform sexual acts.

The law is clear that a person under 16 is not legally capable of consenting to sexual activity, and these laws exist to protect children from abuse and exploitation.

Statutory rape vs rape: what’s the difference? 

The main difference between rape and statutory rape is that the offence of rape involves a non-consensual act. However, in cases of statutory rape, even if the young person was seemingly willing to participate and/or does not agree with a prosecution, the person is deemed too young to fully understand their decision and therefore the ‘consent’ given by them is defective. 

How long does a statutory rape case take?

The time it takes for a statutory rape case to conclude can vary significantly. There is no set timeline, as the process is highly dependent on the complexity of the investigation and the time it takes to gather crucial evidence.

The police investigation alone often takes many months, and in particularly complex cases, it can last for a year or more. The overall duration of the case, from the initial report to its conclusion in court, depends on factors such as the amount of evidence, the number of witnesses, and the time required for forensic analysis and expert reports. Due to the sensitive and serious nature of these cases, the entire process is often lengthy.

What is the minimum sentence for statutory rape?

There is no set minimum sentence for statutory rape in the UK. The punishment depends on the facts of the case and the sentencing guidelines applied by the court.

In less serious cases, the outcome may be a community order or a shorter custodial sentence. However, even at the lower end of sentencing, offenders can still face strict conditions, such as being placed on the sex offenders register or being subject to a sexual harm prevention order.

What is the maximum sentence for statutory rape?

Statutory rape is treated as a serious offence, and in the most severe cases it can result in a life sentence. Alongside imprisonment, offenders may also face protective orders and mandatory registration as a sex offender. 

Sentencing depends heavily on the circumstances of the case. Courts will look at factors such as:

• The age of the victim.
• The nature and severity of the sexual activity.
• Whether the offender abused a position of trust.
• Any prior criminal history of the offender.

What types of evidence are used in statutory rape cases?

Prosecutors may use a range of evidence to prove statutory rape, including:

• Physical evidence (DNA on clothing or bedding)
• Medical evidence (forensic exams, medical reports)
• Witness testimony (from the victim or others with relevant knowledge)
• Digital evidence (texts, emails, social media)
• Expert testimony (forensic or psychological specialists)

The weight of the case often depends on how this evidence is gathered and presented in court.

How we can help

Being accused of statutory rape is extremely serious. A conviction can result in a lengthy prison sentence, inclusion on the sex offenders register, and lifelong restrictions.

Our sexual offences defence lawyers have extensive experience defending clients in statutory rape cases, which are often complex and sensitive. We can carefully analyse the prosecution’s evidence, challenge weaknesses in their case, and build a robust defence strategy tailored to your circumstances. 

Contact our team today to discuss your situation in confidence.